Regulations of the Online Store dr Novicka

This document primarily defines the rules under which contracts are concluded in the Store, including important information about the Seller, the Store, and the rights available to Consumers.

§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal from the contract
§ 8 Exceptions to the right of withdrawal from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Sample withdrawal form

§ 1 DEFINITIONS

Business days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – Polish law of April 23, 1964, the Civil Code.
Consumer – Buyer who is a natural person purchasing in the Store or taking steps to make a purchase, without a direct connection to their business or professional activity.
Account – a service regulated by a separate regulation in accordance with the Consumer Rights Act, allowing the Buyer to use additional features in the Store free of charge.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – Buyer who is a natural person, entering or intending to enter into a contract with the Seller based on these Regulations directly related to their business activity, but not having a professional character.
Regulations – these regulations.
Store – the online store dr Novicka operated by the Seller at https://drnovicka.com.
Seller – HolisticNovi sp. z o.o. with its registered office at Al. Piastów 85, 52-424 Wrocław, entered into the National Court Register – register of entrepreneurs by the DISTRICT COURT FOR WROCŁAW FABRYCZNEJ IN WROCŁAW, VI COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS No. 0001110048, NIP 8943237748, REGON No. 528878047, share capital of 5000.00 PLN.
Consumer Rights Act – Polish law of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SELLER

Postal address: Al. Piastów 85, 52-424 Wrocław
Email address: sklep@holisticnovi.com
Phone: +48 609 034 248
Return address (in case of withdrawal from the contract): Al. Piastów 85, 52-424 Wrocław
Address for sending the complained goods: Al. Piastów 85, 52-424 Wrocław
The cost of telephone calls or data transmissions made by the Buyer results from the basic tariff of the telecommunications operator or the internet service provider used by the Buyer. The Seller points out that the cost of international calls or international data transmissions may be higher than the cost of national calls or transmissions, depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

For the proper functioning of the Store, the following are needed:
- a device with internet access
- an internet browser supporting JavaScript and cookies.
To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 PURCHASES IN THE STORE

The prices of products visible in the Store are total prices for the product.
The Seller points out that the total price of the order consists of the specified in the Store: price for the product and, if applicable, the delivery costs of the goods.
The selected product to be purchased should be added to the cart in the Store.
Then the Buyer selects the method of delivery of the goods and the method of payment for the order from the options available in the Store and provides the necessary data to fulfill the placed order.
The order is placed at the moment of confirming its content and accepting the Regulations by the Buyer.
Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each order.

REVIEWS IN THE ONLINE STORE

1.1. The customer of the Online Store has the opportunity to voluntarily and free of charge submit a review regarding purchases made in the Online Store. The subject of the review may also be an assessment, photo, or review of the purchased product in the Online Store.
1.2. After purchases made in the Online Store, the Seller provides the necessary data to create an email invitation to the company handling the survey process. The sending of surveys and the process of collecting reviews in forms is fully handled by TrustMate SA with its registered office at Bartoszowicka 3, 51-641 Wrocław. TrustMate SA sends an email to the Customer requesting a review and a link to the online form allowing for its submission – the online form allows answers to the Seller’s questions regarding purchases, their assessment, adding one’s own description of the review, and photos of the purchased product. In case of failure to submit a review after receiving the first invitation, TrustMate may resend the invitation.
1.3. A review can only be submitted by a Customer who has made purchases in the Seller’s Online Store.
1.4. Reviews submitted by Customers are published by the Seller in the Online Store and on the TrustMate.io profile.
1.5. The submission of a review cannot be used by the Customer for unlawful activities, in particular, actions constituting acts of unfair competition against the Seller, or actions violating personal rights, intellectual property rights, or other rights of the Seller or third parties.
1.6. A review can only be submitted for products actually purchased in the Seller’s Online Store. It is prohibited to enter into fictitious/illusory sales contracts for the purpose of submitting reviews. The author of the review cannot be the Seller himself or his employees, regardless of the basis of employment.
1.7. The submitted review can be removed at any time by its author.

§ 5 PAYMENTS

The following payment methods are available in the Store:
1. by payment card:
  - Visa
  - Visa Electron
  - MasterCard
  - MasterCard Electronic
  - Maestro
2. via the payment platform:
  - Shoper Payments – Autopay
3. Via Klarna – deferred payment system
4. GooglePay
If the payment is selected through the Shoper payment platform, the entity providing online payment services is Autopay S.A.
If the Buyer selects prepayment, the order must be paid within 7 Business Days from placing the order.
By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

The order fulfillment time is indicated in the Store.
If the Buyer chose prepayment for the order, the Seller will proceed to fulfill the order after it has been paid.
If the Buyer has purchased products with different fulfillment times within one order, the order will be fulfilled according to the time relevant to the product with the longest fulfillment time.
The goods are delivered only within the territory of the Republic of Poland.
The following delivery methods are available in the Store:
1. via a courier company;
2. to InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

The privileged Buyer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
The deadline for withdrawal from the contract expires 14 days after the day:
1. when the privileged Buyer takes possession of the goods or when a third party other than the carrier and indicated by the privileged Buyer takes possession of the goods;
2. when the privileged Buyer takes possession of the last goods, batch, or part, or when a third party, other than the carrier and indicated by the privileged Buyer, takes possession of the last goods, batch, or part, in the case of a contract obliging the transfer of ownership of multiple goods, which are delivered separately, in batches, or in parts.
To exercise the right of withdrawal from the contract, the privileged Buyer must inform the Seller, using the data provided in § 2 of the Regulations, of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post or electronically).
The privileged Buyer may use the sample withdrawal form located at the end of the Regulations, but this is not mandatory.
To keep the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information regarding the exercise of their right of withdrawal before the deadline for withdrawal from the contract expires.

CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT
In the event of withdrawal from the concluded contract, the Seller shall reimburse the privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the delivery method chosen by the privileged Buyer that is different from the cheapest ordinary delivery method offered by the Seller), without delay, and in any case not later than 14 days from the day the Seller was informed of the privileged Buyer’s decision to exercise their right of withdrawal from the contract.
The reimbursement will be made using the same payment methods that were used by the privileged Buyer in the original transaction unless the privileged Buyer agrees to another solution; in any case, the privileged Buyer will not incur any fees in connection with this reimbursement.
If the Seller did not propose to collect the goods from the privileged Buyer, they may withhold the reimbursement until the goods are received or until proof of their return is provided, depending on which event occurs first.
The Seller requests that the goods be returned to the address: Rożnowice 25G, 64-610 Rożnowice immediately, and in any case not later than 14 days from the day the privileged Buyer informed the Seller of withdrawal from the sales contract. The deadline is met if the privileged Buyer returns the goods before the 14-day deadline expires.
The privileged Buyer bears the direct costs of returning the goods.
The privileged Buyer is only responsible for the reduction in the value of the goods resulting from using them in a manner other than was necessary to ascertain the nature, characteristics, and functioning of the goods.
If the goods cannot be returned by regular postal means due to their nature, the privileged Buyer will also have to bear the direct costs of returning the goods. The privileged Buyer will be informed by the Seller of the estimated amount of these costs in the product description in the Store or during the order placement.
In the case of the necessity to refund a transaction made by the privileged Buyer by payment card, the Seller will refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

The right to withdraw from the distance contract, as mentioned in § 7 of the Regulations, does not apply to contracts:
1. where the subject of the service is non-prefabricated goods produced according to the specifications of the privileged Buyer or serving to meet their individualized needs;
2. where the subject of the service is goods that spoil quickly or have a short shelf life;
3. where the subject of the service is goods delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery;
4. where the subject of the service is goods that, due to their nature, become inseparably connected with other things after delivery;
5. where the subject of the service is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery;
6. for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
7. where the price or remuneration depends on fluctuations in the financial market that are beyond the control of the Seller and which may occur before the withdrawal period expires.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

The Seller is responsible to the privileged Buyer for the compliance of the service with the contract, as provided by generally applicable laws, especially the provisions of the Consumer Rights Act.
The Seller requests that complaints (including those related to the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
If a warranty has been granted for the product, information about it and its conditions is available in the Store.
The Seller will respond to complaints within 14 days of receiving them.

II PRIVILEGED BUYERS

Goods
1. In case of non-compliance of the goods with the contract, the privileged Buyer has the option to exercise the rights specified in Chapter 5a of the Consumer Rights Act.
2. The Seller is responsible for the non-compliance of the goods with the contract, existing at the time of their delivery and revealed within two years from that moment, unless the shelf life of the goods, as specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer.
3. Based on the provisions of the Consumer Rights Act, in the event of non-compliance with the contract, the privileged Buyer may demand:
  1. replacement of the goods,
  2. repair of the goods.
4. Additionally, the privileged Buyer may submit a statement of:
  1. price reduction,
  2. withdrawal from the contract
  in situations where:
  - The Seller has refused to bring the goods into compliance with the contract in accordance with Article 43d paragraph 2 of the Consumer Rights Act;
  - The Seller has not brought the goods into compliance with the contract in accordance with Articles 43d paragraphs 4-6 of the Consumer Rights Act;
  - the non-compliance of the goods with the contract still exists, despite the Seller’s attempts to bring the goods into compliance with the contract;
  - the non-compliance of the goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protection measures specified in Article 43d of the Consumer Rights Act;
  - the Seller’s statement or circumstances clearly indicate that they will not bring the goods into compliance with the contract within a reasonable time or without excessive inconvenience for the privileged Buyer.
5. In the case of goods subject to repair or replacement, the privileged Buyer should provide this goods to the Seller. The Seller will collect the goods from the privileged Buyer at their expense.
6. The privileged Buyer may not withdraw from the contract if the non-compliance of the goods with the contract is insignificant.
7. In the case of withdrawal from the contract referred to in this section (concerning goods), the privileged Buyer shall immediately return the goods to the Seller at their cost, to the address Rożnowice 25G, 64-610 Rożnowice. The Seller shall reimburse the privileged Buyer for the price without delay, no later than 14 days from the day of receiving the goods or proof of their return.
8. The Seller shall reimburse the privileged Buyer for amounts due as a result of exercising the right to reduce the price without delay, no later than 14 days from the day of receiving the privileged Buyer’s statement about the price reduction.
Out-of-court methods of handling complaints and pursuing claims
1. The Seller informs the Consumer about the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules for accessing these procedures are available at the offices or websites of entities authorized to settle disputes out of court. The Consumer can use, among others:
  - the assistance of the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information about consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centers is generally free. A list of Consumer Centers relevant for a given country can be found at : https://konsument.gov.pl/eck-w-europie/
  - the online platform ODR (Online Dispute Resolution), 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 are available:
  - mediation conducted by the relevant Provincial Inspectorate of Commercial Inspection, to which a request for mediation should be addressed. As a rule, the procedure is free. The list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
  - the assistance of the relevant permanent consumer arbitration court operating at the Provincial Inspectorate of Commercial Inspection, to which a request for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free. The list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
2. The previous provision is for informational purposes only and does not constitute an obligation for the Seller to use out-of-court methods of dispute resolution.
3. The use of out-of-court methods for handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
4. The Consumer may additionally benefit from free assistance from the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

In case of a defect in the goods, a Buyer other than a Privileged Buyer has the option to complain about the defective goods based on the warranty regulated in the Civil Code.
The Seller is liable to a Buyer other than a Privileged Buyer under the warranty if the physical defect is identified before the expiry of two years from the day the goods were issued to the Buyer.
According to the Civil Code, a Buyer who is a business entity other than a Privileged Entrepreneur loses the rights under the warranty if they do not inspect the goods in a timely manner and in a manner accepted for goods of that kind and do not immediately inform the Seller about the defect, and if the defect becomes apparent only later – if they do not inform the Seller immediately after identifying it. Sending a notification of the defect before the expiry of the above-mentioned term is sufficient to meet this deadline.
Exercising the warranty, a Buyer other than a Privileged Buyer may, under the conditions specified in the Civil Code:
1. submit a statement of price reduction,
2. in the case of a significant defect – submit a statement of withdrawal from the contract,
3. demand replacement of the goods with defect-free ones,
4. demand removal of the defect.
If it turns out that for the examination of the complaint, it is necessary to deliver the defective goods to the Seller, a Buyer other than a Privileged Buyer is obliged to deliver this goods to the address Rożnowice 25G, 64-610 Rożnowice.

§ 10 PERSONAL DATA

The administrator of personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency contained in the general regulation of the European Parliament and Council (EU) on data protection – “GDPR”.
The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The basis for processing personal data in this case is:
- the contract or actions taken at the Buyer’s request aimed at its conclusion (Article 6 paragraph 1 letter b GDPR),
- a legal obligation of the Seller related to accounting (Article 6 paragraph 1 letter c GDPR), and
- the legally justified interest of the Seller, consisting of processing data to determine, pursue, or defend potential claims (Article 6 paragraph 1 letter f GDPR).
Providing data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
The Buyer’s data provided in connection with purchases in the Store will be processed until the moment when:
1. the contract concluded between the Buyer and the Seller ceases to be valid;
2. the Seller ceases to have a legal obligation to process the Buyer’s data;
3. the possibility of pursuing claims by the Buyer or the Seller, related to the contract concluded by the Store, ceases to exist;
4. the Buyer’s objection to the processing of their personal data is accepted – in the case where the basis for processing data was the legitimate interest of the Seller
– depending on what applies in a given case.
The Buyer has the right to request:
1. access to their personal data,
2. rectification,
3. erasure,
4. restriction of processing,
5. transfer of data to another administrator
  and also the right to:
6. raise an objection at any time to the processing of data for reasons related to the Buyer’s particular situation – against the processing of their personal data, based on Article 6 paragraph 1 letter f GDPR (i.e., on the legitimate interests pursued by the Seller).
To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
If the Buyer believes that their data is processed unlawfully, the Buyer may lodge a complaint with the authority responsible for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

It is prohibited for the Buyer to provide unlawful content.
Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Regulations. The contract is concluded for the time and for the purpose of fulfilling the order.
All contracts concluded on the basis of these Regulations are subject to Polish law, subject to paragraph 4.
The choice of Polish law for contracts concluded under the Regulations with the Consumer does not detract from or limit the rights of that Buyer, arising from absolutely binding provisions of law applicable to the Consumer in situations where there is no choice of law. This means that if the relevant national provisions for a given Consumer provide broader protection than that arising from these Regulations or Polish law – this broader protection shall apply.
Contracts concluded under the Regulations are concluded in Polish.
In the event of a dispute with a Buyer who is not a Privileged Buyer, related to the contract concluded through the Store, the court competent will be the court competent for the Seller’s seat.

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