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INTRODUCTION

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Online shop regulations Fachowiec.com/sklep

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TABLE OF CONTENTS:

1. General provisions.

2. Electronic services in the Online Shop.

3. Conditions for concluding a sales contract.

4. Methods and dates of payment for the product.

5. The cost, methods and delivery time and the receipt of the product.

6. Product complaints.

7. Extrajudical methods of settling complaints and investigating claims and the rules of access to these procedures.

8. The right of withdrawal from the contract.

9. Provisions concerning entrepreneurs.

10. Final provisions.

11. Illegal content and other content in compliance with the regulations.

12. Final provisions.

13. Model withdrawal form.

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The online shop www.fachowiec.com/sklep takes care of consumer rights.The consumer can not waive the rights granted to him in the Consumer Rights Act. The provisions of contracts less favourable to the consumer than the provisions of the Consumer Rights Act are invalid and in their place apply the provisions of the Act on Consumer Rights. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted to them by virtue of mandatory provisions of law, and any possible doubts should be explained in favour of the consumer.

In case of non-compliance of the provisions of these Regulations with the above provisions, the priority is given to these provisions and should be applied.

1. GENERAL PROVISIONS

1.1. The Online Shop available at the Internet address www.fachowiec.com/sklep is run under the name JAKUB ŚWIĘTEK conducting business activity under the name JAKUB ŚWIĘTEK FACHOWIEC entered into the Central Register and Information on Economic Activity of the Republic of Poland run by the Minister of Economy, having: the address of the business place: Grunwaldzka 390 St. 29, 60-169 Poznan, delivery address: Grunwaldzka 390 St., 60-169 Poznan, tax identification number: PL7831517732, national economy register (REGON) number 527284788, e-mail address: sklep@fachowiec.com, telephone number: 61-66-18-158.

1.2. These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a section states otherwise.

1.3. The Controller of personal data processed in the Online Shop in connection with the implementation of the provisions of these Regulations is the Seller. The personal data are processed for purposes within the period and on the basis of the grounds and principles set out in the privacy policy published on the Online Shop website . The privacy policy contains primarily the rules for the processing of personal data by the Controller in the Online Shop, including the basics, purposes and the period of processing the personal data and the rights of the persons to whom the data relate, as well as the information on the use of cookie files and analytical tools in the Online Shop. Using the Online Shop, including making purchases is voluntary. Similarly, the provision of personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of the contract and statutory duties of the Seller).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) L 277, 27.10.2022, p. 1–102).

1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.3. CONTACT FORM – an electronic service, an interactive form available in the Online Shop enabling direct contact with the Seller.

1.4.4. TELEPHONE CONTACT FORM – an electronic service, an interactive form available in the Online Shop enabling the Customer to send a request to the Seller to contact the Seller by phone.

1.4.5. ORDER FORM – Electronic Service, an interactive form available in the Online Shop that allows you to place an Order, in particular by adding Products to the electronic basket and defining the terms of the Sales Contract, including the method of delivery and the payment.

1.4.6. CUSTOMER – (1) a natural person with full legal capacity, and in the cases provided for by the generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality for which the law grants legal capacity; - who has concluded or intends to conclude a Sales Contract with the Seller.

1.4.7. CIVIL CODE – Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93- with amendments).

1.4.8. NEWSLETTER – Electronic Service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to receive automatically from the Service Provider cyclical content of subsequent editions of the newsletter containing the information about the Products, new editions and promotions in the Online Shop.

1.4.9. ILLEGAL CONTENT – information that, by itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, does not comply with the law of the European Union or with the law of any Member State that is compatible with the law of the European Union, regardless of the specific object or nature of that law.

1.4.10. PRODUCT – an item available in the Online Store, which may be: (1) a movable good (including a movable good with digital elements, i.e. containing digital content or a digital service, or combined with them in such a way that the absence of the digital content or digital service would prevent its proper functioning), or (2) a service (including both digital and non-digital services) which is the subject of the Sales Agreement between the Customer and the Seller.

1.4.11. REGULATIONS – these regulations of the Online Shop.

1.4.12. ONLINE SHOP - online shop of the Service Provider available at the Internet address: www.FACHOWIEC.COM/SKLEP.

1.4.13. SELLER; SERVICE PROVIDER – JAKUB ŚWIĘTEK, conducting business activity under the name JAKUB ŚWIĘTEK FACHOWIEC, entered into the Central Register and Information on Economic Activity of the Republic of Poland run by the Minister of Economy, having: the address of the business place: Grunwaldzka 390 St. , 60-169 Poznan, delivery address: Grunwaldzka 390 St. , 60-169 Poznan, tax identification number: PL7831517732, national economy register (REGON) number 527284788, e-mail address: sklep@fachowiec.com, telephone number: 61-66-18-158.

1.4.14. SALES CONTRACT – (1) a contract for the sale of a Product (in the case of movables and movables with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a non-digital service and other Products) concluded or concluded between the Customer and the Seller via the Online Store.

1.4.15. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop.

1.4.16. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, for which the law grants legal capacity; - using or intending to use the Electronic Service.

1.4.17. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 with amendments).

1.4.18. ORDER - Customer's declaration of intention submitted via the Order Form and aimed directly to conclude the Product Sales Contract with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE SHOP

2.1. The following Electronic Services are available in the Online Shop: Contact Form, Telephone Contact Form, Order Form and Newsletter.

2.1.1. Contact Form – the use of the Contact Form begins – (1) after the Service Recipient completes two subsequent steps – (i) going to the "Contact" tab and (ii) clicking the "Send" field on the Online Shop website after filling in the Contact Form; or (2) after the Service Recipient has completed two consecutive steps – (i) clicking on the „” envelope field on the homepage of the Online Shop and (ii) clicking on the "Send" field on the Online Shop website after filling in the Contact Form. In the Contact Form, it is necessary for the Service Recipient to provide the following data: name and surname, e-mail address and enter the content of the inquiry.

2.1.1.1. The Contact Form service is provided free of charge and is of a one-time nature and ends when the inquiry is submitted.

2.1.2. Telephone Contact Form – the use of the Telephone Contact Form begins after the Service Recipient has completed a total of three subsequent steps – (1) clicking on the field showing the landline telephone handset „”, (2) filling in the Telephone Contact Form and (3) clicking on the "Ok" field on the Online Shop website after completing the Telephone Contact Form. In the Telephone Contact Form, it is necessary for the Service Recipient to provide the following data: - contact phone number.

2.1.2.1. The Electronic Telephone Contact Form service is provided free of charge on a one-time basis and ends when a request for telephone contact is submitted.

2.1.3. Order Form - using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. Placing an Order takes place after the Customer has completed two subsequent steps - (1) completing the Order Form and (2) clicking on the Online Shop website after completing the Order Form "Place an order with an obligation to pay" field - up to that moment it is possible to modify independently all entered data (for this purpose, follow the displayed messages and information available on the Online Shop website). In the Order Form, it is necessary for the Customer to provide the following data about the Customer: name and surname / company name, address (street, house / flat number, zip code, city, country), the e-mail address, the contact telephone number and details of the Sales Contract: Product (s), amount of Product (s), place and method of delivery of the Product (s), the method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and the tax identification number.

2.1.3.1. The Order Form Electronic Service is provided free of charge, is single-use in nature and is concluded upon placement of an Order via the Form or upon earlier discontinuation of placing the Order by the Service Recipient.

2.1.4. Newsletter – the use of the Newsletter is possible by: - (1) ticking the appropriate checkbox when placing an Order via the Order Form – at the moment of placing an Order, the Service Recipient is subscribed to the Newsletter, (2) entering the name and e-mail address in the form on the home page of the Online Shop in the "Newsletter" field and clicking the field with the plus sign "+"" - at the moment of clicking the "+" field, the Service Recipient is subscribed to the Newsletter. In the case of option (2), it is also possible for the Service Recipient to provide a contact phone number.

2.1.4.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving reasons, to unsubscribe from the Newsletter (resignation from the Newsletter) by sending a relevant request to the Service Provider, in particular via e-mail to the following address: sklep@fachowiec.com or in writing to the following address: Grunwaldzka 390 St. , 60-169 Poznan.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) the access to e-mail; (3) an up-to-date web browser: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari or Microsoft Edge; (4) enabling cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Shop in a manner consistent with the law and good customs, with respect for the personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

2.4. The complaint procedure for Electronic Services is indicated in item 6.

3. CONDITIONS FOR CONCLUDING A SALES CONTRACT

3.1. The conclusion of a Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Shop in accordance with point 2.1.3 of the Regulations.

3.2. The price of the Product or the remuneration for the product displayed on the website of the Online Shop is given in Polish zlotys and includes taxes. The total price or remuneration including taxes and, if the nature of the Product does not allow for a prior calculation of the amount, the manner in which they will be calculated, as well as the delivery costs (including transport, delivery or postal charges) and other costs and, where the amount of such charges cannot be determined, the obligation to pay them, The Customer is informed on the pages of the Online Shop, including during the placing of the Order and at the time of the Customer's willingness to be bound by the Sales Agreement. In the case of a Contract of Sale for a Product concluded for an indefinite period of time or including a subscription, the Seller shall provide in the same way the total price or remuneration including all payments for the billing period, and if the Contract of Sale provides for a fixed rate, also the total monthly payments.

3.3. The procedure of concluding a Sales Contract in the Online Shop using the Order Form.

3.3.1. The conclusion of the Sales Contract between the Customer and the Seller takes place after the Customer has placed an Order in the Online Shop in accordance with point. 2.1.3 of the Regulations.

3.3.2. After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for implementation. The confirmation of receipt of the Order and its acceptance for implementation occurs by sending by the Seller to the e-mail address provided at the time of placing the Order an e-mail, which contains at least the Seller's statement of receipt of the Order and its acceptance for implementation and confirmation of the Sales Contract. Upon receipt of the above e-mail by the Customer, the Sales Contract is concluded between the Customer and the Seller.

3.4. The consolidation, security and access to the Customer the kontent of the Sales Contract concluded by the Customer is effected by (1) providing these Regulations on the Online Shop website and (2) sending the e-mail message referred to in point. 3.3.2. of the Regulations. The content of the Sales Contract is additionally recorded and secured in the IT system of the Seller's Online Shop.

4. METHODS AND DATES OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment under the Sales Contract:

4.1.1. Cash on delivery.

4.1.2. Payment in cash on personal collection.

4.1.3. Payment by bank transfer to the Seller's bank account.

4.1.4. Lease payment - both partial or general is done from the funds coming from the lease agreement concluded between the Customer and the third party through the company LeaseLink Sp. z o.o. with a registered office in Warsaw (registration address: Aleja Stanów Zjednoczonych 59, 04-028 Warsaw) TAX ID: 5272698282, REGON 146815482. Entered into the Entrepreneurs Registry of the National Court Register under the number 0000305178, registry documents kept by the District Court for Warsaw in Warsaw, XIII Commercial Division of the National Court Register, share capital: 210 600 PLN.

4.1.5. Installment payments - both partial or general is done by credit that is granted by a company:

4.1.5.1 ALIOR BANK S.A., with its registered office in Warsaw (address: ul. Łopuszańska 38D, 02-232 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under number 0000305178, with registration files held by the District Court for the Capital City of Warsaw, XV Commercial Division of the National Court Register; share capital amounts to PLN 1,305,539,910.00, fully paid; VAT ID (NIP): 1070010731, Business Identification Number (REGON): 141387142.

4.1.5.2 MBANK S.A., with its registered office in Warsaw (address: ul. Prosta 18, 00-850 Warsaw), entered into the Register of Entrepreneurs of the National Court Register under number 0000025237, with registration files held by the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court Register; share capital amounts to PLN 169,987,892.00, fully paid; VAT ID (NIP): 5260215088, Business Identification Number (REGON): 001254524.

4.1.6. The electronic payments and credit card payments via PayU.pl – all possible current payment methods are specified on the Online Shop website in the payment methods tab and on the website http://www.payu.pl.

4.1.6.1. The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer's choice through the PayU.pl service. The support for electronic payments and credit card payments is provided by:

4.1.6.1.1. PAYU S.A., with its registered office in Poznań (address: ul. Grunwaldzka 186, 60-166 Poznań), entered into the Register of Entrepreneurs of the National Court Register under number 0000274399, with registration files held by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register; share capital amounts to PLN 7,789,000.00, fully paid; VAT ID (NIP): 7792308495, Business Identification Number (REGON): 300523444.

4.2. Payment deadline:

4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 7 calendar days from the day of concluding the Sales Contract.

4.2.2. If the Customer chooses cash payment on delivery or payment in cash on personal collection, the Customer is obliged to make the payment upon delivery.

5. THE COST, METHODS AND DELIVERY TIME AND THE RECEIPT OF THE PRODUCT

5.1. The product delivery is available on the territory of the Republic od Poland.

5.2. The delivery of the Product to the Customer is payable, unless the Sales Contract provides otherwise. The Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Shop website in the delivery costs tab and during the Order placement, including when the Customer expreses a will to be bound by the Sales Contract.

5.3. Personal collection of a Product by the Customer is free of charge.

5.4. The Seller provides the Customer with the following methods of delivery or collection of the Product:

5.4.1. Postal shipment, cash-on-delivery postal shipment.

5.4.2. Courier shipment, cash-on-delivery courier shipment.

5.4.3. Pallet shipment.

5.4.4. Seller's own transport.

5.4.5. Personal collection available at: Grunwaldzka 390 St. , 60-169 Poznan – in Business Days, between 9 a.m. and 5 p.m.

5.5. The deadline for delivery of the Product to the Customer is up to 7 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different delivery times, the delivery date is the longest given date, which, however, can not exceed 7 Business Days. The beginning of the delivery time of the Product to the Customer is counted as follows:

5.5.1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.

5.5.2. If the Customer chooses cash on delivery payment - from the day of concluding the Sales Contract.

5.5.3. If the Customer chooses instalment payment – from the day of informing the Seller by the creditor about making an agreement with the Customer but no later than the day of crediting the Seller's bank account or settlement account.

5.5.4. If the Customer chooses lease payment – from the day of informing the Seller by the lessor about making an agreement with the Customer but no later than the day of crediting the Seller's bank account or settlement account.

5.6. The deadline for readiness of the Product to be picked up by the Customer - if the Customer selects a personal Product collection, the Product will be ready to be picked up by the Customer within 1 Business Days, unless a shorter period is specified in the description of the Product or when placing the Order. In the case of Products with different dates of readiness for collection, the date of readiness for collection is the longest given date, which, however, can not exceed 1 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product to be collected by sending an appropriate e-mail to the Customer's e-mail address provided during the ordering. The beginning of the time for the readiness to collect the Product is counted as follows:

5.6.1. If the Customer chooses the method of payment by bank transfer, electronic or pay card payment - from the date of crediting the Seller's bank account or current account.

5.6.2. If the Customer chooses the payment in cash on personal collection - from the day of concluding the Sale Contract.

5.6.3. If the Customer chooses instalment payment – from the day of informing the Seller by the creditor about making an agreement with the Customer but no later than the day of crediting the Seller's bank account or settlement account.

5.6.4. If the Customer chooses lease payment – from the day of informing the Seller by the lessor about making an agreement with the Customer but no later than the day of crediting the Seller's bank account or settlement account.

6. PRODUCT COMPLAINTS

6.1. This item 6 of The Terms and Conditions specify the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Contracts, Electronic Services and other complaints related to the operation of the Seller or the Online Store.

6.2. A complaint can be made by the Customer, for example:

6.2.1. in writing to the following address: Grunwaldzka 390 St. , 60-169 Poznan,

6.2.2. in electronic form via e-mail to the following address: sklep@fachowiec.com.

6.3. The Product may be sent or returned as part of the complaint to the following address: 390 Grunwaldzka Street, 60-169 Poznań.

6.4. It is recommended that the Customer provides in the description of the complaint:

(1) the information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the defect;

(2) a request specifying the manner of bringing the Product into conformity with the Sales Agreement, or a statement on price reduction or withdrawal from the Sales Agreement; and

(3) the contact details of the complainant – this will facilitate and expedite the handling of the complaint. The requirements set out in the preceding sentence are only a recommendation and do not affect the validity of complaints submitted without the recommended description.

6.5. In the event of a change in the contact details provided by the complainant during the complaint consideration, they are obliged to notify the Seller about it.

6.6. The complaint may be accompanied by evidence (e.g. photos, documents or Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photos), if this will facilitate and speed up the Seller's consideration of the complaint.

6.7. The Seller will consider the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission.

6.8. The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular the Civil Code, the Act on Consumer Rights and the Act on the Provision of Electronic Services of 18 July 2002 (Dz.U. No. 144, item 1204, as amended). The following is additional information regarding the Seller's liability for the Conformity of the Product with the Contract of Sale provided for by law:

6.8.1. In the case of a complaint about a Product – a movable item (including a movable item with digital elements - purchased by the Customer under the Sales Agreement concluded with the Seller until 31 December 2022, the provisions of the Civil Code in the version in force until 31 December 2022, in particular Articles 556-576 of the Civil Code, shall determine the provisions of the Civil Code. These provisions define, in particular, the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product purchased in accordance with the previous sentence towards the Customer who is not a consumer is excluded.

6.8.2. In the case of a complaint about a Product – a movable item (including a movable item with digital elements), ), with the exception of a movable item that serves only as a carrier of digital content – purchased by the Customer under the Sales Agreement concluded with the Seller from 1 January 2023 the provisions of the Consumer Rights Act in the version in force from 1 January 2023 shall be determined, in particular Articles 43a - 43g of the Consumer Rights Act. These regulations define, in particular, the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.

6.9. In addition to statutory liability, a warranty may be provided for the Product – this is a contractual (additional) liability and can be exercised while the Product is under warranty. The warranty may be provided by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms and conditions regarding liability under the guarantee, including the details of the entity responsible for the execution of the guarantee and the entity entitled to use it, are available in the description of the guarantee, e.g. in the warranty card or elsewhere regarding the granting of the guarantee. The Seller indicates that in the event of non-conformity of the Product with the contract, the Customer is entitled by law to remedies from and at the expense of the Seller and that the warranty does not affect these remedies.

6.10. Included in item 6.8.2. The provisions concerning the consumer shall also apply to the Client who is a natural person concluding a contract directly related to his business activity, if the content of the agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity.

 

7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes without trial include, but are not limited to: (1) allowing the parties to reconcile their positions, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation, and (3) settling the dispute and imposing its resolution on the parties, e.g. through arbitration (arbitration). Detailed information on the possibility for a Client who is a consumer to use out-of-court complaint and redress procedures, the rules of access to these procedures and a user-friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. At the Office of Competition and Consumer Protection, there is also a contact point whose task is, among other things, to provide consumers with information regarding out-of-court resolution of consumer disputes. Consumers may contact the point: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1, Warsaw (00-030).

7.3. A consumer has the following options of using extrajudicial methods of settling complaints and asserting claims:

(1) an application to settle a dispute to a permanent amicable consumer court;

(2) an application regarding extrajudicial resolution of the dispute to the voivodeship inspector of the Trade Inspection (more information on the website of the inspector competent for the place of the economic activity of the Seller); and

(3) the assistance of the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers). The advice is provided, among others, via e-mail at porady@dlakonsumentow.pl and at the consumer helpline number 801 440 220 (call center on Business Days, 8:00 - 18:00, call fee according to the operator's tariff).

 

8. THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1. A consumer who has concluded a distant contract may, within 14 calendar days, withdraw from it without giving a reason and without incurring costs, except for the costs specified in point. 8.7 of the Regulations. To meet the deadline, it is enough to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

8.1.1. in writing to the address: Grunwaldzka 390 St., 60-169 Poznań;

8.1.2. in electronic form via e-mail to the following address: sklep@fachowiec.com.

8.2. The return of the Product - movable items (including physical items with digital elements) as part of the withdrawal from the contract may be made to the following address: 390 Grunwaldzka Street, 60-169 Poznan, Poland.

8.3. An exemplary template of withdrawal form is included in Enclosure no 2 to the Consumer Rights Act and is additionally available in item 14 of the Regulations and on the Online Shop website in the withdrawal from the contract tab. The consumer can use the template form, but it is not obligatory.

8.4. The deadline for withdrawal from the contract begins:

8.4.1. for the contract whereby the Seller releases the Product, being obliged to transfer its ownership (for example the Sales Contract) - from taking the Product into possession by the consumer or a third party designated by the consumer, other than the carrier, and in the case of a contract where:

(1) many Products are delivered separately, in batches or in parts - from taking possession of the last Product, batch or part or

(2) when it consists in regular delivery of Products for a definite period - from taking possession of the first Product;

8.4.2. for other contracts - from the date of contract conclusion.

8.5. In the event of withdrawal from a distant contract, the contract is considered null and void.

8.6. Products - movable goods, including movable goods with digital elements:

8.6.1. The Seller is obliged immediately, not later than within 14 calendar days from the date of receipt of the consumer's statement on withdrawal from the contract, to return all payments made by the consumer, consumer the delivery costs of the Product - movable item, including movable item with digital elements (except for additional costs resulting from the delivery method chosen by the consumer other than the cheapest standard delivery method available in the Online Shop). The Seller shall refund the payment using the same method of payment as the consumer used, unless the consumer has expressly agreed to a different method of return, which does not cause any costs for him. If the Seller has not offered to collect the Product from the consumer themself, they may withhold the reimbursement of payments received from the consumer until the receipt of the Product or the delivery by the consumer of a proof of its return, whichever occurs first.

8.6.2. In the case of Products - movables (including movables with digital elements) - the consumer is obliged immediately, no later than within 14 calendar days from the date on which they withdraw from the contract, to return the Product to the Seller or hand it over to the person authorized by the Seller for pickup, unless the Seller suggested that they will pick up the Product themself. To meet the deadline, it is enough to return the Product before its expiry.

8.6.3. The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.7 Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to pay:

8.7.1 In the case of Products - movables (including movables with digital elements) - if the consumer has chosen the method of delivery of the Product other than the cheapest standard delivery method available in the Online Shop, the Seller is not obliged to refund the additional costs paid by the consumer.

8.7.2 In the case of Products - movable goods (including movables with digital elements) - the consumer bears the direct costs of returning the Product. In the case of products that cannot be sent back by post in the usual way (oversized shipments), the consumer may incur higher costs of sending them back, according to the following exemplary price list of one of the carriers: https://www.dhl.com/pl-pl/parcel/dla-ciebie/wysylka/cennik.html

8.7.3 In the case of a Product being a service which performance - at the explicit request of the consumer - started before the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services fulfilled until the withdrawal. The payment amount is calculated proportionally to the scope of the service provided, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.8. The right to withdraw from a distant contract is not available to the consumer in relation to contracts:

8.8.1.

(1) for the provision of services for which the consumer is obliged to pay a price, if the Seller has fully performed the service with the consumer’s explicit and prior consent, after the consumer was informed before the start of the service that, once the service is fully performed by the Seller, they will lose the right to withdraw from the contract, and the consumer acknowledged this.

(2) in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline for withdrawal from the contract;

(3) in which the subject of the service is a non-prefabricated Product - a movable item (including a movable item with digital elements), manufactured according to the consumer's specification or serving to satisfy their individual needs;

(4) in which the subject of the service is a product - a movable item (including a movable item with digital elements) that is quickly deteriorating or has a short shelf-life time;

(5) in which the subject of the service is a product - a movable item (including a movable item with digital elements) delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;

(6) in which the subject of the service are products - a movable items (including a movable item with digital elements) which after delivery, due to their nature, are inseparably connected with other items;

(7) in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the Sales Contract, and which delivery may take place only after 30 days and which value depends on fluctuations in the market over which the Seller has no control;

(8) in which the consumer explicitly demanded that the Seller should come to them for urgent repair or maintenance; if the Seller provides additional services other than those required by the consumer, or provides products - movables (including movables with digital elements) other than spare parts necessary to perform the repair or maintenance, the right to withdraw from the contract is granted to the consumer in respect of additional services or products;

(9) in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the packaging has been opened after delivery;

(10) for delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement;

(11) concluded through a public auction;

(12) for the provision of accommodation services, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract designates a day or period of service;

(13) for the delivery of digital content that is not stored on a tangible medium if the fulfillment of the service started with the consumer's express consent before the deadline to withdraw from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract and has acknowledged it, and the Seller has provided the consumer with a confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Act on Rights Consumer;

(14) for the delivery of services for which the consumer is required to pay a price for which the consumer has expressly requested the Seller to come to the Seller for repairs and the service has already been fully performed with the express and prior consent of the consumer.

8.9. The provisions regarding the consumer contained in this clause 8 of the Regulations shall apply from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

 

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This clause 9 of the Regulations and all provisions contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer and from January 1, 2021 and with regards to contracts concluded from that day also the Customer/Service Recipient who is not a natural person concluding a contract directly related to their business, if the content of this contract indicates that that it does not have a professional character for this person, resulting in particular from the subject of their business activity, disclosed on the basis of the provisions on the Central Registration and Information on Business (CEIDG).

9.2. The Seller shall have the right to withdraw from the Sales Contract within 14 calendar days of its conclusion. In this case, withdrawal from the Sales Contract may take place without giving a reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller's liability under the warranty for the Product or the lack of conformity of the Product with the Contract of Sale is excluded.

9.4. The Seller shall respond to the complaint within 30 calendar days from the date of its receipt.

9.5. The Seller has the right to limit the available payment methods, including the requirement to make a prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.6. The Service Provider may terminate the contract for the provision od Electronic Service with immediate effect and without stating the reasons by sending an appropriate statement to the Service Recipient.

9.7. The liability of the Service Provider/Seller to the Service Recipient/Customer regardless of its legal basis is limited, both for one claim and for all claims altogether, up to the amount of the price paid and costs of delivery resulting from the Sales Contract, however not more than to the sum of one thousand zlotys (PLN). The amount limitation referred to in the preceding sentence shall apply to all claims directed by the Service Recipient/Customer against the Service Provider/Seller, even if the Sales Contract is not concluded or in cases not related to the Sales Contract. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damage foreseeable at the time of the contract conclusion and shall not be liable for lost profits. The Seller is also not responsible for delay in transporting the shipment.

9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the headquarters of the Seller/Service Provider.

 

10. PRODUCT REVIEWS.

10.1. The Seller enables its Customers to post and access reviews of Products and the Online Store under the rules set out in this section of the Terms and Conditions.

10.2. Posting a review by a Customer is possible using a form that allows adding a review of a Product or the Online Store. This form may be made available directly on the Online Store’s website (including via an external widget) or provided through an individual link sent to the Customer after purchase, to the email address provided by them. When posting a review, the Service Recipient may also add a graphical rating or a photo of the Product – if such an option is available in the review form.

10.3. A Product review may only be submitted for Products actually purchased in the Seller’s Online Store and only by the Customer who purchased the reviewed Product. Entering into fictitious or sham Sales Agreements for the purpose of posting a Product review is prohibited. A review of the Online Store may be submitted by any person who is a Customer of the Online Store.

10.4. Posting reviews by Customers may not be used for unlawful activities, in particular for actions constituting unfair competition or infringing personal rights, intellectual property rights, or other rights of the Seller or third parties. By posting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions, and good practices.

10.5. Reviews may be made available directly on the Online Store’s website (e.g., alongside a given Product) or in an external review-collection service with which the Seller cooperates and to which the Online Store refers (including through an external widget placed on the Online Store’s website).

10.6. The Seller ensures that published Product reviews come from its Customers who purchased the given Product. To this end, the Seller takes the following steps to verify that reviews come from its Customers:

10.6.1. Publishing a review submitted via the form available directly on the Online Store’s website requires prior verification by the Seller. Verification consists of checking compliance with the Terms and Conditions, in particular verifying whether the reviewer is a Customer of the Online Store – in this case, the Seller checks whether the person has made a purchase in the Online Store, and in the case of a Product review, additionally verifies whether they purchased the reviewed Product. Verification takes place without undue delay.

10.6.2. The Seller sends its Customers (including via an external review-collection service with which it cooperates) an individual link to the email address provided at the time of purchase – thus, access to the review form is given exclusively to the Customer who purchased the Product in the Online Store.

10.6.3. In case of doubts by the Seller or objections raised to the Seller by other Customers or third parties as to whether a given review comes from a Customer or whether a given Customer purchased a specific Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are indeed a Customer of the Online Store or that they purchased the reviewed Product.

10.7. Any comments, appeals against review verification, or objections as to whether a given review comes from a Customer or whether a given Customer purchased a specific Product may be submitted under the procedure analogous to the complaint procedure set out in section 6 of the Terms and Conditions.

10.8. The Seller does not post or commission any other person to post false reviews or Customer recommendations, nor does it distort Customer reviews or recommendations to promote its Products. The Seller publishes both positive and negative reviews. The Seller does not publish sponsored reviews.

 

11. ILLEGAL CONTENT AND OTHER CONTENT IN COMPLIANCE WITH THE REGULATIONS

11.1. This section of the Terms and Conditions contains provisions resulting from the Digital Services Act in the scope of the Online Shop and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g. data for placing an Order). The Service Recipient may be able to add an opinion or comment in the Online Shop using the tools provided for this purpose by the Service Provider. In each case of providing content by the Service Recipient, the Service Recipient is obliged to comply with the rules contained in the Terms and Conditions.

11.2. CONTACT POINT - The Service Provider designates the fachowiec@fachowiec.com email address as the single point of contact. The Contact Point enables the Service Provider to communicate directly with the authorities of the Member States, the European Commission and the Digital Services Council, and at the same time allows the recipients of the service (including Service Recipients) to communicate directly, quickly and in a friendly manner with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider shall indicate the Polish language and English for the purpose of communication with its contact point.

11.3. Procedure for reporting Illegal Content and acting in accordance with Article 16 of the Digital Services Act:

11.3.1. To the e-mail address fachowiec@fachowiec.com, any person or entity may report to the Service Provider the presence of certain information that the person or entity considers to be Illegal Content.

11.3.2. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission of reports to the e-mail address provided above containing all of the following elements:

(1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content;

(2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Illegal Content, as appropriate to the type of content and the specific type of service;

(3) the name and email address of the reporting person or entity, except for the report relating to information considered to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and

(4) a statement by you that you have a good faith belief that the information and allegations contained herein are accurate and complete.

11.3.3. The notification referred to above shall be deemed to give rise to actual knowledge or knowledge for the purposes of Article 6 of the DSA in relation to the information to which it relates if it enables the Service Provider acting with due diligence to determine, without detailed legal analysis, the illegal nature of the activity or information in question.

11.3.4. If the report contains electronic contact details of the person or entity that made the report, the Service Provider shall, without undue delay, send such person or entity a confirmation of receipt of the report. The Service Provider shall also notify such person or entity of its decision with respect to the information to which the report relates, providing information on the possibility of appealing the decision.

11.3.5. The Service Provider shall consider all reports it receives under the mechanism referred to above and shall take decisions in relation to the information to which the reports relate in a timely, non-arbitrary and objective manner and with due diligence. If the Service Provider uses automated means for the purposes of such consideration or decision-making, it shall include the information in this regard in the notification referred to in the previous paragraph.

11.4. Information on the restrictions imposed by the Service Provider in connection with the use of the Online Shop, in relation to the information provided by the Service Recipients:

11.4.1. The Service Recipient is bound by the following rules in the case of providing any content within the Online Store:

11.4.1.1. the obligation to use the Online Shop, including to post content (e.g. as part of opinions or comments), in accordance with its intended use, these Terms and Conditions and in a manner consistent with the law and good practice, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties;

11.4.1.2. the obligation to provide content that is factually accurate and not misleading;

11.4.1.3. prohibition on the provision of illegal content, including the prohibition on the provision of Illegal Content;

11.4.1.4. prohibition of sending unsolicited commercial information (spam) via the Online Shop;

11.4.1.5. prohibition of providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive;

11.4.1.6. the obligation to have – if necessary – all required rights and permissions to provide such content on the pages of the Online Shop, in particular copyrights or required licenses, permits and consents for their use, distribution, sharing or publication, in particular the right to publish and distribute in the Online Shop and the right to use and disseminate the image or personal data in the case of content, which includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the ICT system of the Service Provider, the Online Shop or third parties.

11.4.2. The Service Provider reserves the right to moderate the content provided by the Service Recipients to the Online Shop. Moderation is carried out in good faith and with due diligence and on the Service Provider's own initiative or on the received notification in order to detect, identify and remove Illegal Content or other content that does not comply with the Terms and Conditions or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and national law in accordance with European Union law, including the requirements set out in the DSA, or the requirements contained in the Terms of Service.

11.4.3. The moderation process may be carried out manually by a human or be based on automated or partially automated tools to help the Service Provider identify Illegal Content or other content that does not comply with the Terms and Conditions. After identifying such content, the Service Provider makes a decision as to whether to remove or disable access to the content, or otherwise limit its visibility or take other actions that it deems necessary (e.g. contacts the Service Recipient to clarify objections and change the content). The Service Provider shall inform the Service Recipient who provided the content (if we have their contact details) in a clear and easily understandable manner about its decision, the reasons for making it and the available options to appeal against this decision.

11.4.4. When exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, in an objective and proportionate manner and with due regard for the rights and legitimate interests of all parties involved, including the recipients of the service, in particular taking into account the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.

11.5. Any comments, complaints, complaints, appeals or reservations regarding the decision or other actions or lack of action taken by the Service Provider on the basis of the received notification or the Service Provider's decision made in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure indicated in point 6. Rules. This procedure is free of charge and allows you to submit complaints electronically to the e-mail address provided. The use of the complaint and complaint procedure is without prejudice to the right of the person or entity concerned to bring proceedings before a court or does not affect its other rights.

11.6. The Service Provider shall consider any comments, complaints, complaints, appeals or objections to decisions or other actions or lack of action taken by the Service Provider on the basis of the received notification or decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. If the complaint or other report contains sufficient reasons for the Service Provider to believe that its decision not to take action in response to the report is unjustified or that the information complained about is not illegal and inconsistent with the Terms and Conditions, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision as to whether to remove or disable access to the content or otherwise reduce their visibility or take any other action it deems necessary.

11.7. Service Recipients, persons or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Terms are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the internal system handling the Service Provider's complaints.

12. FINAL PROVISIONS

12.1. The contracts concluded via the Online Shop are concluded in English.

12.2. Change of Regulations:

12.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, this is: changes in the law; changes in payment and delivery methods or dates, subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; add new Electronic Services; the need to counteract an unforeseen and imminent threat related to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

12.2.2. Notice of proposed changes shall be sent at least 15 days prior to the effective date of such changes, subject to the change being made without a 15-day notice period in the event that Service Provider:

(1) is subject to a legal or regulatory obligation to amend the Terms and Conditions in a way that prevents it from complying with the 15-day notice period; or

(2) must exceptionally amend its Terms and Conditions to counteract an unforeseen and imminent threat to the protection of the Online Store, including the Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, the introduction of changes shall take effect immediately, unless it is possible or necessary to apply a longer deadline for introducing changes, of which the Service Provider shall notify each time.

12.2.3. In the case of continuous agreements (e.g., the provision of an Electronic Service – Account), the Service Recipient has the right to terminate the agreement with the Service Provider before the end of the notice period for proposed changes. Such termination becomes effective within 15 days from the date of receiving the notice. In the case of a continuous agreement, the amended Terms and Conditions bind the Service Recipient if they were properly notified of the changes, in accordance with the notice period prior to their implementation, and did not terminate the agreement during this period. Additionally, at any time after receiving the notice of changes, the Service Recipient may accept the proposed changes, thereby waiving the remainder of the notice period. In the case of an agreement of a type other than continuous agreements, changes to the Terms and Conditions will not in any way affect the rights acquired by the Service Recipient prior to the effective date of the changes. In particular, changes to the Terms and Conditions will not affect Orders already placed or in the process of being placed, nor Sales Agreements already concluded, being performed, or executed.

12.2.4 In the case of the amendment of the Terms and Conditions results in the introduction of any new fees or an increase in the existing ones, the consumer has the right to withdraw from the agreement.

12.3. The Seller, as a distributor of equipment within the meaning of Article 4(2) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended), hereby informs as follows:

12.3.1. It is prohibited to place waste electrical and electronic equipment (marked with the separate collection symbol) together with other waste. The owner of waste equipment from households is obliged to hand it over to a waste equipment collector or an entity authorized to collect waste equipment.

12.3.2. The seller is obliged to collect waste household equipment free of charge at its points of sale, as long as the waste equipment is of the same type and performs the same functions as the equipment sold.

12.3.3. When supplying the Customer with household equipment, the Seller is obliged to collect the waste household equipment free of charge at the place of delivery of the equipment, provided that the waste equipment is of the same type and performed the same functions as the equipment supplied. The willingness to hand over the waste equipment to the Seller in the above-mentioned case should be reported electronically via e-mail to the following address: sklep@fachowiec.com.

12.3.4. The Customer, without the need to purchase new equipment, has the option to return used household equipment, provided that none of its external dimensions exceed 25 cm, at any store with a sales area of at least 400 m² dedicated to the sale of household equipment.

12.3.5. The Seller may refuse to accept:

12.3.5.1. used equipment that, due to contamination, poses a threat to the health or life of persons handling the used equipment; and

12.3.5.2. incomplete used equipment and parts originating from used equipment, the collection of which is prohibited in accordance with Article 35(1) of the Act of 11 September 2015 on Waste Electrical and Electronic Equipment (Journal of Laws 2015, item 1688, as amended).

12.3.6. In the above cases, the Client may deliver the used equipment to the appropriate collection point for used equipment or to an entity operating a processing facility.

12.3.7. Example collection points for used equipment within the city of Poznań:

12.3.7.1. Selective Municipal Waste Collection Point (PSZOK) – Gratowisko Poznań Dębiec, at ul. 28 Czerwca 1956 r. No. 284;

12.3.7.2. Selective Municipal Waste Collection Point (PSZOK) – Gratowisko Poznań Wschód, at ul. Wrzesińska 12;

12.3.7.3. Selective Municipal Waste Collection Point (PSZOK) – Gratowisko Morasko, at ul. Meteorytowa 1 – Suchy Las.

12.3.8. Information on all used equipment collection points across the country is available using the search engine in the national register of entities – BDO, at the website: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1amp;placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.

12.4. In matters not covered by these Terms and Conditions, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws of 2002 No. 144, item 1204, as amended); Consumer Rights Act; and other relevant provisions of generally applicable law.

MODEL WITHDRAWAL FORM PDF DOWNLOAD HERE

13. Model withdrawal form.
(ENCLOSURE NUMBER 2 TO THE ACT ON CONSUMER RIGHTS)

Model withdrawal form.

(this form should be completed and sent back only if you wish to withdraw from the contract)

 

– Addressee:

JAKUB ŚWIĘTEK FACHOWIEC

Grunwaldzka 390 St. , 60-169 Poznań

fachowiec.com/sklep

sklep@fachowiec.com

 

– I / we (*) hereby inform about my / our withdrawal from the contract of sale of the following items (*) contract for the supply of the following things (*) contract for a work involving the following items (*) / for the provision of the following service (*)

– The date of conclusion of the contract (*)/ recipe (*)

– Name and surname of the consumer(s)

– Address of the consumer(s)

– Signature of consumer(s) (only if the form is sent in a paper version)

– Date

(*) Delete as applicable.

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ONLINE SHOP PRIVACY POLICY FACHOWIEC.COM/SKLEP

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Table of contents:

1. General provisions

2. Basis for the processing of data

3. Purpose, basis and period of processing data in the online shop

4. Data reciptients in the online shop

5. Profiling in the online shop

6. The rights of the data subject

7. Cookies in the online shop and analytics

8. Final provisions

 

1. GENERAL PROVISIONS

1.1. This Privacy Policy of the Online Shop is of informative nature, which means that it is not a source of obligations for Service Recipients or Customers of the Online Shop. The Privacy Policy contains, above all, the principles concerning the processing of data by the Controller in the Online Shop, including the basis, purpose, scope and period of personal data processing and the rights of data subjects as well as information regarding the use of cookies and analytical tools in the Online Shop.

1.2. The data controller of personal data collected through the Online Store is JAKUB ŚWIĘTEK, conducting business under the name JAKUB ŚWIĘTEK FACHOWIEC, registered in the Central Registration and Information on Business of the Republic of Poland, maintained by the minister competent for economic affairs, with the following details: business address ul. Grunwaldzka 390, 60-169 Poznań, and mailing address: ul. Grunwaldzka 390, 60-169 Poznań, VAT ID (NIP) PL7831517732, REGON 527284788, email address: sklep@fachowiec.com , phone number: 61-66-18-158 — hereinafter referred to as the “Controller”, who is also the Service Provider of the Online Store and the Seller.

1.3. Personal data in the Online Shop shall be processed by the Controller in accordance with the binding legal regulations, in particular the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as “GDPR” or “GDPR Regulation”. The official text of the GDPR Regulation: https://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32016R0679.

1.4. Using the Online Shop, including shopping, is voluntary. Similarly, providing personal data by the Service Recipient or the Customer using the Online Shop is voluntary, subject to two exceptions:

(1) entering into contracts with the Controller - failure to provide the personal data necessary for the conclusion and performance of the Sales Contract or a contract for the provision of an Electronic Service with the Controller in the cases and within the scope indicated on the website of the Online Shop and the Terms and Conditions of the Online Shop and this Privacy Policy shall result in no possibility to enter into the contract.

Providing personal data is a contractual requirement in such a case and if the data subject is willing to enter into the contract with the Controller, they shall be obligated to provide the required data. The scope of the data required to enter into the contract is each time specified in advance on the website of the Online Shop and in the Terms and Conditions of the Online Shop;

(2) statutory obligations of the Controller - specifying the personal data is a statutory requirement resulting from the commonly binding legal regulations obligating the Controller to process the personal data (e.g. processing data to fiscal books and ledgers) and failure to specify the data will render it impossible for the Controller to perform the obligations.

1.5. The Controller assures due diligence to protect the interest of persons being data subjects, in particular being responsible and liable for and assuring that the data collected are:

(1) processed in accordance with the Act;

(2) collected for specific, legal purposes and not subject to further processing inconsistent with the purposes;

(3) correct as regards the subject matter and adequate as regards the purpose of the processing;

(4) stored in a form making it possible to identify the people they apply to, no longer than it proves necessary to attain the purpose of processing and

(5) processed in a manner ensuring security of the personal data, including the protection against illicit or illegal processing or accidental loss, damage or destruction, with the use of appropriate technical and organisational measures.

1.6. Taking into account the nature, scope, context and purpose of processing as well as the risk of breaching the rights or freedoms of natural persons with varied likelihood and degree of threat, the Controller is implementing appropriate technical and organisational measures so that the processing takes place pursuant to the Regulation and it is possible to show it. The measures are reviewed and updated, as necessary. The Controller applies technical measures preventing the acquisition and modification of personal data sent electronically by unauthorised persons.

1.7. Any words, phrases and acronyms used in this privacy policy starting with a capital letter (e.g. Seller, Online Shop, Electronic Service) shall be understood in accordance with the definition contained in the Terms and Conditions of the Online Shop available on the websites of the Online Shop.

2. BASIS FOR THE PROCESSING OF DATA

2.1. The Controller is authorised to process the personal data in cases, and to the extent, when at least one of the following conditions is met:

(1) the data subject consented to the processing of their data to one or more specified ends;

(2) processing is necessary for contract performance the data subject is a party to, or to take actions to the request of the data subject, prior to contract conclusion;

(3) processing is necessary to meet the legal obligation of the Controller; or

(4) processing is necessary for the needs resulting from the legally justified interests of the Controller or third party, except for situations when the interests or basic rights and freedoms of the data subject override such interests and they require personal data protection, especially when the data subject is a child.

2.2. The processing of personal data by the Controller each time requires having at least one basis indicated in item 2.1 of the privacy policy. Specific bases for processing personal data of the Service Recipients or the Customers of the Online Shop by the Controller are specified in the following point of the privacy policy – as regards the specific goal of processing personal data by the Controller.

3. PURPOSE, BASIS AND PERIOD OF PROCESSING DATA IN THE ONLINE SHOP

3.1. Each time, the purpose, basis and period as well as the recipients of personal data being processed by the Controller result from actions undertaken by a given Service Recipient or Customer in the Online Shop. For instance, in the case the Customer decides to purchase a Product in the Online Shop and selects collecting the purchased Product personally instead of shipment, their personal data will be processed with a view of performing the Sales Contract entered into, but they will not be made available to the courier delivering the shipment to the Controller’s order.

3.2. The Controller may process the personal data in the Online Shop for the purposes, on the bases and within the periods as follows:

Purpose of data processing	Legal basis for processing data	Period of data storage
The performance of the Sales Contract or a contract for the provision of an Electronic Service, or taking actions to the request of the data subject, prior to entering into the above contracts.	Article 6, par. 1, point b) of the GDPR Regulation (contract performance) – the processing is required to perform the Sales Contract of which the data subject is party or to take action to the request of the data subject, prior to entering into the contract.	The data is stored for the period necessary to perform, terminate or otherwise expire the concluded Sales Agreement or the contract for the provision of Electronic Service.
Marketing of the Controller’s goods and services (e.g., sending commercial information, including direct marketing, using telecommunication terminal equipment such as e-mail and telephone, or automated calling systems)	Article 6(1)(f) of the GDPR (legitimate interests of the Controller) – processing is necessary for the purposes of the legitimate interests pursued by the Controller, namely direct marketing – consisting in protecting the interests and good reputation of the Controller and his Online Store, as well as striving to sell Products – for example, in connection with the prior consent expressed by the data subject (e.g., when subscribing to the Newsletter) to receive commercial information using telecommunication terminal equipment, such as e-mail or telephone, depending on the scope of the consent granted.	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years). The Controller may not process the data for the needs of direct marketing in the case of expressing clear objection in this field by the data subject. Additionally, where the legal basis for processing is the consent given to receive commercial information, including direct marketing, by means of telecommunication terminal equipment or automated calling systems, the data shall be stored until the data subject withdraws consent to the further processing of his or her data for this purpose, without affecting the lawfulness of processing carried out on the basis of consent prior to its withdrawal.
Expressing an opinion on the concluded Sales Contract by the Customer	Article 6, par. 1, point a) of the GDPR Regulation (consent) – the data subject expressed the consent to process its personal data for purpose of expressing an opinion	The data are stored until the data subject withdraws the consent to further process their data to that end.
Keeping ledgers	Article 6, par. 1, point c) of the GDPR Regulation in relation with Article 74 part 2 of the Accounting Act consolidated text of 30 January 2018 (Journal of Laws of 2018 item 395) – the processing is required for the Controller due to their statutory obligations	The data shall be stored for the legally required period, requesting the Controller to store ledgers (5 years from the beginning of the year following the financial year to which the data relate).
Determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller	Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes determining, pursuing or defence of claims on the side of the Controller, or ones that may arise as regards the Controller	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims against the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims against the Controller amounts to six years).
Use of the Online Shop website and ensuring its proper functioning	Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes operating and maintenance of the Online Shop	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years).
Preparing statistics and analysing the manner of the data subject conduct on the website of the Online Shop	Article 6, par. 1, point f) of the GDPR Regulation (legitimate interest of the controller) – the processing is required for the purposes resulting from the legitimate interests of the Controller which includes preparing statistics and analysing the manner of the data subject conduct on the website of the Online Shop in order to improve the functioning of the Online Shop and increase sales of Products	The data shall be stored for the period of the legitimate interest of the Controller, however no longer than the period of limitation of claims as regards the data subject under the business activity of the Controller. The period of limitation shall be specified by legal provisions, in particular the Civil Code (the basic period of limitation in the case of claims related to business activity amounts to three years, and for a Sales Contract two years).

4. DATA RECIPIENTS IN THE ONLINE SHOP

4.1. For the needs of proper Online Shop functioning, inclusive of the performance of the Contracts of Sale entered into, it shall be necessary for the Controller to make use of external companies’ services (e.g. software provider, courier, or payment system provider). The Controller uses solely the services of such processing entities which ensure sufficient guarantee to implement appropriate technical and organisational measures so that the processing meets the requirements set out in the GDPR Regulation and protects the rights of data subjects.

4.2. Personal data may be transferred by the Controller to a third country, however, the Controller ensures that in such a case it will take place in relation to the country ensuring an adequate level of protection – in accordance with the GDPR Regulation, and in the case of other countries, that the transfer will take place on the basis of standard data protection clauses. The Controller ensures that the data subject has the opportunity to obtain a copy of his data. The Controller provides the Customer's personal data to a selected provider acting on their behalf only in the case and to the extent necessary to achieve a given purpose of data processing in accordance with this Privacy Policy.

4.3. Providing data by the Controller does not take place in every case and not to all the recipients or categories of recipients defined in the privacy policy – the Controller provides the data only in the case it proves necessary to attain a given purpose of personal data processing and solely within the necessary scope. For example, if the Customer decides to make purchases in the Online Shop and chooses personal collection of the purchased Product, his or her personal data will no longer be made available to the carrier performing the shipment on behalf of the Controller.

4.4. Personal data of the Online Shop Service Recipients or Customers may be provided to the following recipients or categories of recipients:

4.4.1. carriers / forwarders / courier brokers / entities handling the warehouse and/or the shipping process - in the case of a Customer who uses the method of delivery of the Product by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to a selected carrier, forwarder or intermediary carrying out shipments on behalf of the Administrator, and if the shipment is made from an external warehouse – to the entity handling the warehouse and/or the shipping process – to the extent necessary to deliver the Product to the Customer.

4.4.2. e-payments or payment card service providers - in the case of a Customer who uses in the Online Shop the option of e-payment or payment card, the Controller makes the collected Customer’s personal data available to the selected payment service provider in the Online Shop for the Controller to the extent necessary to perform the payment of the Customer.

4.4.3. loan providers/lessors - in the case of a Customer who selects in the Online Store the option of payment method in instalments or leasing, the Controller makes the collected Customer’s personal data available to the selected loan provider or lessor providing the above payment services in the Online Store to the order of the Controller to the extent necessary for the payment service for the Customer.

4.4.4. service providers rendering for the Controller technical, IT or organisational solutions, making it possible for the Controller to conduct a business, inclusive of the Online Shop and Electronic Services provided via it (in particular computer software providers for the Online Shop, e-mail companies and hosting providers as well as software providers for company management and technical aid for the Controller) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.

4.4.5. accounting, legal and consulting services providers rendering for the Controller accounting, legal or consulting services (in particular an accounting agency, law firm or debt collection company) – the Controller makes the collected personal data of the Customer available to the selected provider operating to their order only in the case and to the extent necessary for attaining a given purpose of data processing in accordance herewith.

4.4.6. providers of social plug-ins, scripts and other similar tools placed on the Online Shop website that enable the browser of the person visiting the Online Shop website to download content from the providers of the aforementioned plug-ins (e.g. logging in with the login data to the social network) and for this purpose transfer the visitor's personal data to these providers, including:

4.4.6.1. Alphabet Inc. – the Controller uses YouTube social plug-ins on the Online Shop website and therefore collects and makes available the personal data of the Service Recipient using the Online Shop website to Alphabet Inc. (1600 Amphitheatre Parkway Mountain View, CA 94043, United States of America) to the extent and in accordance with the privacy rules available here: https://www.youtube.com/intl/ALL_pl/howyoutubeworks/user-settings/privacy/ (this data includes information about activities on the Online Shop's website – including information about the device, websites visited, purchases, displayed advertisements and the manner of using services – regardless of whether the Service Recipient has a YouTube account and is logged in to YouTube).

4.4.6.2. Meta Platforms Ireland Ltd. – the Controller uses Facebook social plug-ins on the Online Shop website (e.g. the Like button, Share button or logging in with Facebook login details) and therefore collects and shares the personal data of the Service Recipient using the Online Shop website to Meta Platforms Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2 Ireland) to the extent and in accordance with the privacy rules available – in the case of Facebook – here: https://www.facebook.com/about/privacy/ (this data includes information about activities on the Online Shop website – including information about the device, websites visited, purchases, displayed advertisements and how services are used – regardless of whether the Service Recipient has a Facebook account and whether they are logged in to Facebook).

5. PROFILING IN THE ONLINE SHOP

5.1. The GDPR Regulation obligates the Controller to inform about the automated decision-making process, including profiling referred to in Article 22, par. 1 and 4 of the GDPR Regulation, and – at least in those cases – the vital information concerning the decision-making process as well as the meaning and foreseeable consequences of processing for the person being the data subject. Bearing in mind the above, the Controller specifies in this point of the privacy policy the information concerning the possible profiling.

5.2. The Controller may use profiling in the Online Shop for direct marketing purposes, yet the decisions made on its basis by the Controller do not concern the conclusion or rejection to conclude the Sales Contract, or the possibility to make use of Electronic Services in the Online Shop. The result of profiling in the Online Shop may be e.g. discount for a given person, sending a discount code, reminding about unfinished purchase process, sending Product offers, which may be related to the interests or preferences of the person, or offering better conditions as compared with the standard offer of the Online Shop. Regardless of profiling, the person makes decisions freely, whether they want to use the discount given, or better conditions and buy a product in the Online Shop.

5.3. Profiling in the Online Shop consists in automatic analysis or forecast of the conduct of a given person on the website of the Online Shop, e.g. by adding a given Product to the cart, browsing the page of a given product in the Online Shop, or the analysis of the history of purchase in the Online Shop. The condition for such profiling is for the Controller to have the personal data of the person, so that they can later send them e.g. a discount code.

5.4. The data subject shall have the right not to depend on the decision which is only based on automated processing, including profiling, and has some legal effects on the person or similarly affects them.

6. THE RIGHTS OF THE DATA SUBJECT

6.1. The right to access, rectify, restrict, erase or transmit - the data subject shall have the right to demand the Controller to have access to their personal data, rectify, erase (“the right to be forgotten”) or restrict the processing and shall have the right to object to the processing and transmit their data. Detailed conditions of the above rights shall be indicated in Articles 15-21 of the GDPR Regulation

6.2. The right to withdraw the consent at any time – the person whose data are being processed by the Controller on the basis of the consent given (pursuant to Article 6, par. 1, point a) or Article 9, par. 2, point a) of the GDPR Regulation), they shall have the right to withdraw their consent at any time without any impact on the compatibility with the right to process made based on the consent prior to the withdrawal.

6.3. The right to lodge a complaint with a supervisory body – the person whose data are being processed by the Controller shall have the right to lodge a complaint with a supervisory body in a manner and mode specified in the provisions of the GDPR Regulation and the Polish law, in particular the Personal Data Protection Act. The supervisory body in Poland shall be the President of the Office for Personal Data Protection.

6.4. The right to object - the data subject shall have the right, at any time, to lodge a complaint – for reasons related to their particular situation – as regards the processing of their personal data based on Article 6, par. 1, point e) (public interest or official authority) or f) (legitimate interest of the controller) in the case of profiling based on the provisions. The Controller in such a case must stop processing the personal data, unless they show the existence of legally significant and justified bases for the processing, overriding the interests, rights and freedoms of the data subject, or the bases for determining, pursuing or defending the claims.

6.5. The right to object as regards direct marketing - in the case the personal data are being processed for the needs of direct marketing, the data subject shall have the right, at any time, to lodge a complaint as regards the processing of their personal data for the needs of such marketing, including profiling, to the extent to which the processing is related to direct marketing.

6.6. To perform the rights mentioned in this point of the privacy policy, one may contact the Controller by sending them an appropriate message in writing or via e-mail to the address of the Controller indicated at the beginning of the privacy policy or using the contact form available on the Online Shop’s website.

 

7. COOKIES IN THE ONLINE SHOP AND ANALYTICS

7.1. Cookies are small pieces of text files sent by the server and saved at the visitor’s of the Online Shop (e.g. on the hard disk of a computer, laptop, or smartphone’s memory card – depending on the type of device used by the Online Shop’s visitor). Detailed information on Cookies as well as the history of their origin can be found e.g. at: https://en.wikipedia.org/wiki/HTTP_cookie.

7.2. The Controller may provide on the Website a tool for the easy and active management of Cookies – available upon the first visit to the Website, and thereafter accessible in the Website footer. Active management allows, among other things, checking which Cookies are or may be stored during the use of the Website, as well as selecting and later changing the scope and purposes of Cookies use in relation to the device and the person visiting the Website. When starting to use the Website, the visitor will be asked to choose settings regarding Cookies. These settings can later be modified through the tool available on the Website.

7.3. In the Privacy Policy, the Controller provides a range of information regarding the use of Cookies on the Website, their types and purposes, as well as methods of managing them, for example through browser settings and/or the Cookie management tool available on the Website. The Controller encourages the use of the Cookie management tool provided on the Website, which allows for easy and active management of Cookies while using the Website, and, if such a tool is not available, to review the information below concerning, among other things, managing Cookies through browser settings.

7.4. Cookies, which can be sent via the Online Shop website, can be divided into various types, according to the following criteria:

With regard to the provider:	With regard to the period of their retention on the appliance of the Online Shop’s visitor:	With regard to the purpose of their usage:
1) own (created by the Controller’s Online Shop website) and 2) belonging to other persons/third parties (other than the Controller)	1) session cookies (stored till the moment of closing of the Website or a browser) and 2) persistent cookies (having some expiration period, defined by parameters of each file or until they are removed by hand)	1) strictly necessary cookies (enabling proper functioning of the Online Shop website), 2) functional/preferential cookies (enabling adjustment of the Online Shop website to the visitor’s preferences), 3) analytical and performance cookies (collecting information on the use of the Online Shop website), 4) targeting, advertising or social cookies (collecting information on the visitor of the Online Shop website in order to display personalised advertisements to such a person and for other marketing activities, including those performed on sites different from the Online Shop website, such as social networks or other websites belonging to the same advertising networks as the Online Shop).

7.5. The Controller may process information contained in Cookies during visiting of the Online Shop website for the following particular reasons:

Purposes of using Cookies on the Controller’s Online Shop website

Identification of the Service Recipients as logged in to the Online Shop and showing them that they are actually logged in (strictly necessary Cookies) Saving Products added to the cart to place an Order (strictly necessary Cookies) Saving data from the filled-in forms, questionnaires or login data for the Online Shop (strictly necessary Cookies and/or functional/preferential Cookies) Adjustment of the Online Shop website contents to individual preferences of the Service Recipient (e.g. colours, font size, layout) and optimisation of the use of the website (functional/preferential Cookies) Keeping anonymous statistics presenting the visitor’s behaviours on the Online Shop website (statistical Cookies) Displaying and rendering advertisements, limiting the number of times the Customer see an ad and ignoring advertisements that the Customer does not want to see, measuring the effectiveness of advertisements, as well as personalizing ads, which is namely evaluating the conduct of visitors of the Online Store through anonymous analysis of their activities (e.g. repeated visits on particular pages, key words etc.) to create their profile and provide them with adverts matching their interests, also when they visit other websites in the advertising network of Google Inc. and Meta Platforms Ireland Ltd. (marketing, advertising, and social media Cookies)

7.6. It is possible to check which Cookies are being sent at a given moment by the Online Store website, regardless of the web browser used, with the help of tools available, for example, at: https://www.cookiemetrix.com or https://www.cookie-checker.com.

7.7. As a standard, most internet browsers on the market accept saving Cookies by default. Every person has the possibility to specify the conditions of using Cookies in the browser settings. It means that one may, e.g. partially restrict (e.g. temporarily) or fully disable saving Cookies – in the latter case it may have an impact on some functionalities of the Online Shop (for instance it may prove impossible to go through the Order using the Order Form owing to failure to save the Products in the cart in the course of subsequent stages of Order placement).

7.8. The browser settings concerning Cookies are essential as regards the consent to use Cookies by our Online Shop – in accordance with the law, such consent may also be expressed in the browser settings. In view of lack of such consent, change the browser setting accordingly as regards Cookies. Detailed information concerning the change in Cookies settings and their individual removal in the most common browsers is available in the help section of the browser and the following websites (click the link):

• Chrome

• Firefox

• Internet Explorer

• Opera

• Safari

• Microsoft Edge

7.9. The Controller may use Google Analytics, Universal Analytics services in the Online Shop, which are provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). The services help the Controller to analyse the frequency of visits in the Online Shop. The data collected are processed under the above services to generate statistics helpful while administering the Online Shop. The data are of collective nature. Using the above services in the Online Shop, the Controller collects such data as the sources and medium of acquiring visitors of the Online Shop and the manner of their conduct on the website of the Online Shop, information concerning their devices and browsers used to visit the website, IP and domain, geographical data and demographic data (age, sex) and interests.

7.10. It is possible to easily block sharing information with Google Analytics as regards the activity on the website of the Online Shop – install to that end an opt-out add-on made available by Google Ireland Ltd. available at: https://tools.google.com/dlpage/gaoptout?hl=en.

7.11. Due to the possibility of the Controller to use advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Controller indicates that full information on the principles of data processing of persons visiting the Online Shop (including information stored in Cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at the Internet address: https://policies.google.com/technologies/partner-sites.

8. FINAL PROVISIONS

8.1. The Online Shop may contain links to other websites. The Controller encourages that at the time of being transferred to other websites, become familiar with the privacy policy. This privacy policy shall apply only to the Online Shop of the Controller.