Account Regulations in the drNovicka Shop

TABLE OF CONTENTS

§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data 
§ 8 Changes to the Regulations or Account 
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – A Service User who is a natural person, who has entered into an agreement for Account management based on these Regulations or takes steps to enter into it, without a direct connection to their business or professional activity.
Account – a digital service as defined by the Consumer Rights Act, provided free of charge electronically by the Service Provider for the benefit of the Service User, allowing the Service User to utilize additional features in the Shop.
Loyalty Program – a loyalty program run by the Service Provider in the Shop, under which a Service User with an Account can earn and use Points under the terms specified in the Regulations.
Points – points granted to the Service User under the terms specified in the Regulations within the Loyalty Program, allowing the Service User to purchase specified products in the Shop at a discount.
Privileged Entrepreneur – a Service User who is a natural person entering into an Account management agreement based on these Regulations (or taking steps to enter into it), directly connected with their business activity, but not possessing a professional character for it.
Regulations – these Account Regulations.
Shop – the online store drNovicka operated by the Service Provider at https://drnovicka.com.
Service User – any entity that has entered into an Account management agreement or takes steps to enter into it.
Privileged Service User – a Service User who is a Consumer or a Privileged Entrepreneur.
Service Provider – HolisticNovi sp. z o.o. based at Al. Piastów 85, 52-424 Wrocław, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR WROCŁAW FABRYCZNE WE WROCŁAWIU, VI ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number 0001110048, NIP 8943237748, REGON number 528878047, share capital of 5000.00 PLN.
Consumer Rights Act – Polish Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Al. Piastów 85, 52-424 Wrocław
2. Email address: sklep@holisticnovi.com
3. Phone: +48 609 034 248
4. The cost of a phone call or data transmission made by the Service User results from the basic tariff of the telecommunications operator or internet service provider used by the Service User. The Service Provider notes that the cost of an international call or international data transmission may be higher than that of a domestic call or transmission, depending on the tariff set by the telecommunications operator or internet service provider used by the Service User.

§ 3 TECHNICAL REQUIREMENTS

1. For proper functioning and creation of an Account, the following is needed:
   • an active email account,
   • a device with internet access,
   • a web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the will of the Service User.
2. The Account gives the Service User additional capabilities, such as viewing the order history placed by the Service User in the Shop, checking order status, or independently editing Service User data, as well as participating in the Loyalty Program.
3. To create an Account, the relevant form must be filled out in the Shop.
4. At the time of creating the Account, an indefinite-term agreement is concluded between the Service User and the Service Provider for Account management under the terms indicated in the Regulations.
5. The Service Provider starts providing the Account management service under the terms specified in the Regulations immediately after the agreement for Account management is concluded.
6. The Service User may resign from the Account at any time without incurring any costs.
7. Removing the Account results in the termination of the Account management agreement. To remove the Account by the Service Provider, the Service User must send their resignation from the Account to the email address of the Service Provider specified in § 2 of the Regulations, which will result in the immediate removal of the Account and termination of the Account management agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the postal or electronic address specified in § 2 of the Regulations.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint submission.

II PRIVILEGED SERVICE USERS

3. The Service Provider is liable to the privileged Service User for compliance with the service agreement, as provided by generally applicable laws, especially the provisions of the Consumer Rights Act.
4. In the case of improper performance of the Account management agreement by the Service Provider, the privileged Service User has the option to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider fails to deliver the digital service, the privileged Service User may call upon them to deliver it. If the Service Provider nonetheless fails to deliver the digital service promptly or within an additional, explicitly agreed time frame between the Service Provider and the privileged Service User, the privileged Service User may withdraw from the Account management agreement.
6. The privileged Service User may withdraw from the Account management agreement without calling for the delivery of the digital service if:
   1. the Service Provider’s statement or the circumstances clearly indicate that they will not deliver the digital service or
   2. the privileged Service User and the Service Provider have agreed, or the circumstances of entering into the Account management agreement clearly indicate that the specified delivery date of the digital service was of significant importance to the privileged Service User, and the Service Provider did not deliver it on time.
7. The Service Provider is liable for any non-compliance with the Account management agreement for the digital service delivered continuously, which occurred or became evident during the time the service was to be delivered according to this agreement.
8. If the digital service is non-compliant with the Account management agreement, the privileged Service User may request its compliance with this agreement.
9. In the case of non-compliance of the digital service with the Account management agreement, the privileged Service User is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, to determine whether the non-compliance of the digital service with the Account management agreement arises in a timely manner from the characteristics of the privileged Service User’s digital environment.
10. Additionally, if the digital service is non-compliant with the Account management agreement, the privileged Service User may submit a statement of withdrawal from this agreement when:
    1. bringing the digital service into compliance with the Account management agreement is impossible or requires excessive costs in accordance with Article 43m, paragraphs 2 and 3 of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into compliance with the Account management agreement within a reasonable time from the moment the Service Provider was informed by the privileged Service User of the non-compliance with this agreement, and without excessive inconvenience to the privileged Service User, considering the nature and purpose of the digital service for which it is used;
    3. the non-compliance of the digital service with the Account management agreement still occurs, despite the Service Provider’s attempts to bring the digital service into compliance with this agreement;
    4. the non-compliance of the digital service with the Account management agreement is so significant that it justifies withdrawal from the Account management agreement without first using the protection measure specified in Article 43m of the Consumer Rights Act (i.e., requesting the digital service to be brought into compliance with the agreement);
    5. the Service Provider’s statement or circumstances clearly indicate that they will not bring the digital service into compliance with the Account management agreement within a reasonable time or without excessive inconvenience to the privileged Service User.

III ALTERNATIVE METHODS FOR HANDLING COMPLAINTS AND CLAIMING RIGHTS

11. The Service Provider informs the Consumer about the possibility of using alternative methods for handling complaints and claiming rights. The rules for accessing these procedures are available at the offices or websites of entities authorized to resolve disputes out of court. The Consumer may use, among others:
    • the assistance of the appropriate European Consumer Center from the European Consumer Centers Network. The centers provide information about consumer rights and help resolve disputes in case of cross-border purchases. Assistance from the European Consumer Centers is generally free of charge. A list of Consumer Centers appropriate for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
    Additionally, in the territory of the Republic of Poland, the following forms of support can be utilized:
    • mediation conducted by the relevant Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates is available here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
    • the assistance of the appropriate territorial permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application should be submitted for the case to be considered before the arbitration court. As a rule, the procedure is free of charge. A list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
12. The previous provision is informative and does not constitute an obligation for the Service Provider to utilize alternative methods of dispute resolution.
13. Utilizing alternative methods for handling complaints and claiming rights is voluntary for both the Service Provider and the Consumer.
14. The Consumer may additionally use the free assistance of a municipal or county consumer advocate.

§ 6 RIGHT OF WITHDRAWAL

1. The privileged Service User has the right to withdraw from the Account management agreement with the Service Provider within 14 days without providing any reason.
2. The period for withdrawing from the Account management agreement expires after 14 days from the date of concluding this agreement.
3. To exercise the right of withdrawal, the privileged Service User must inform the Service Provider, using the details provided in § 2 of the Regulations, of their decision to withdraw from the agreement through an unequivocal statement (for example, a letter sent by post or electronically).
4. The privileged Service User may use the withdrawal form template provided at the end of the Regulations, but this is not mandatory.
5. To keep the withdrawal deadline, it is sufficient for the privileged Service User to send information regarding the exercise of their right of withdrawal before the deadline for withdrawal from the agreement expires.

§ 7 PERSONAL DATA

1. The administrator of personal data provided by the Service User in connection with the conclusion of the Account management agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and grounds for processing data, as well as data recipients, can be found in the privacy policy available in the Shop – due to the transparency principle contained in the general regulation of the European Parliament and Council (EU) on data protection – “GDPR“.
2. The purpose of processing the User’s data is to manage the Account. The basis for processing personal data in this case is the Account management agreement or actions taken at the request of the Service User aimed at concluding it (art. 6 par. 1 lit. b GDPR), as well as the legitimate interest of the Service Provider, consisting of processing data to establish, pursue or defend potential claims (art. 6 par. 1 lit. f GDPR).
3. Providing data by the Service User is voluntary but at the same time necessary to conclude the Account management agreement and provide the services covered by it. Failure to provide data means that the Account management agreement cannot be concluded, and the Service Provider will not be able to provide the services covered by it.
4. The Service User’s data will be processed until the moment when:
   1. the Account management agreement ceases to be in effect;
   2. the possibility of pursuing claims by the Service User or the Service Provider related to the Account ceases;
   3. the objection of the Service User to the processing of their personal data is accepted – in cases where the basis for processing the data was the legitimate interest of the Service Provider
   – depending on which applies in a given case.
5. The Service User has the right to request:
   1. access to their personal data,
   2. its rectification,
   3. deletion,
   4. restriction of processing,
   5. transfer of data to another administrator 
      and also the right:
   6. to raise an objection at any time to the processing of data for reasons related to the specific situation of the Service User – to the processing of personal data concerning them based on art. 6 par. 1 lit. f GDPR (i.e., on the legitimate interests pursued by the Service Provider).
6. To exercise their rights, the Service User should contact the Service Provider.
7. If the Service User believes that their data is being processed unlawfully, the Service User may lodge a complaint with the competent data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGE IN REGULATIONS OR ACCOUNT

1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the necessity to change the Regulations caused by:
   1. a change in the functionality of the Account, requiring modification of the Regulations or
   2. a change in the law affecting the performance of the Account management agreement by the Service Provider or adapting the services to recommendations, guidelines, orders or prohibitions, rulings, decisions, interpretations, or decisions of the authorized public authorities or
   3. a change in the contact or identification details of the Service Provider.
2. Information about the planned change to the Regulations will be sent to the email address of the Service User assigned to the Account at least one month before the changes come into effect.
3. If the Service User does not object to the planned changes until they come into effect, it is assumed that they accept them, which does not prevent the future termination of the agreement.
4. If the Service User does not accept the planned changes, they should send this information to the email address of the Service Provider provided in § 2 of the Regulations, which will result in the termination of the Account management agreement upon the planned changes taking effect.
5. The Service Provider may make changes to the Account that are not necessary to maintain its compliance with the Account management agreement, for the reason indicated in point 1(b) or due to a change in the functionality of the Account. Implementing the change mentioned in the previous sentence will not involve any costs for the privileged Service User. Provisions of points 2-4 apply accordingly.
6. If the change mentioned in point 5 significantly and negatively affects the privileged Service User’s access to the Account or its use, the Service Provider will send to the privileged Service User’s email address, in advance and on a durable medium, information about the characteristics and timing of this change and the rights of the privileged Service User related to this change.

§ 9 FINAL PROVISIONS

1. It is prohibited for the Service User to provide unlawful content.
2. The Account management agreement is concluded in Polish.
3. The agreement concluded based on these Regulations is governed by Polish law, subject to point 4.
4. The choice of Polish law for the agreement concluded based on the Regulations with a Consumer does not waive or limit the rights of the Consumer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the relevant national provisions for a given Consumer provide broader protection than that resulting from these Regulations or Polish law – that broader protection applies.
5. Orders placed in the Shop using Points are subject to the Shop’s regulations.
6. In the event of a dispute with a Service User who is not a privileged Service User, related to the Account management agreement, the court competent will be the court for the registered office of the Service Provider.