Regulations

Store Regulations

I. GENERAL PROVISIONS:

1. The Online Service “grzegorzskwarek.pl” located at the address: https://grzegorzskwarek.pl/ is run by: NOYRAS LTD with its registered office in London (hereinafter: "Service Provider") at the address: 20 Kentish Town Road, Grand Union House NW1 9NX LONDON, United Kingdom, Tax ID (NIP) PL: 5263135088.
2. These Regulations of the Online Service “https://grzegorzskwarek.pl/” define the rules of its functioning and the services provided within its framework, in particular the rules of Registration and use of the Account, terms and conditions for placing Orders for analyses available in the Service Provider's offer through the Online Service, and the rules for concluding Service Sales Agreements using the Online Service “https://grzegorzskwarek.pl/”. These Regulations are the document referred to in Art. 8 of the Act of 18 July 2002 on providing services by electronic means (i.e. of 3 March 2020, Journal of Laws of 2020, item 344).
3. This Online Service does not constitute a separate point of sale, nor a place of business activity by the Service Provider, but only a communication channel and an additional form of sale of the provided services.
4. The Service Provider declares that the services listed on the website https://grzegorzskwarek.pl// do not constitute an offer within the meaning of the Civil Code, but only an invitation to conclude a Service Sales Agreement. Therefore, the mere placement of an Order is not equivalent to concluding a Service Sales Agreement.
5. The sale takes place in accordance with applicable regulations, in particular with the Act of 6 March 2018 – Entrepreneurs' Law (i.e. of 12 July 2019, Journal of Laws of 2019, item 1292), the Act of 23 April 1964 – Civil Code (i.e. of 19 June 2019, Journal of Laws of 2019, item 1145), the Act of 18 July 2002 – on providing services by electronic means (Journal of Laws of 2019, item 123 as amended) and the Act of 30 May 2014 – on consumer rights of 30 May 2014 (Journal of Laws of 2019, item 134 as amended);
6. The person placing an order can access the Regulations of the Online Service and the Privacy Policy at any time via the link provided on the page of the Online Service “https://grzegorzskwarek.pl/” located at the address: https://grzegorzskwarek.pl/, as well as download it and print it out.

II. DEFINITIONS

The definitions used in the Regulations of the Online Service “grzegorzskwarek.pl” mean:
– Online Service – the website available at: https://grzegorzskwarek.pl/ , through which the Customer can conclude a Service Sales Agreement, including electronic services in the form of analyses performed by the Service Provider;
– Regulations – this document, defining the rules for using the Online Service “https://grzegorzskwarek.pl/”;
– Service Provider – NOYRAS LTD with its registered office in the United Kingdom, 20 Kentish Town Road, Grand Union House NW1 9NX London, United Kingdom, Tax ID (NIP) PL: 5263135088 Correspondence address: info@botanique.co.uk,

– Service (Services) – a service provided by the Service Provider electronically on the terms specified in these Service Regulations and through the Service. These include providing the Customer with the capability to: (a) conclude a Service Sales Agreement through the Service and (b) create and maintain an Account. The Agreement for the provision of Services is concluded each time for an indefinite period upon the Customer's use of the Service's functionality, and in the case of the Account, upon Registration;
– Customer – a natural person who is at least 18 years old, (in the case of persons between 13 and 17 years old, confirmation from their legal guardians is required to conclude any agreement), a legal person or an organizational unit without legal personality, to which specific regulations grant legal capacity, who makes a purchase of services in this Service;
– Order of service – a statement of intent by the Customer, aiming directly at concluding a Service Sales Agreement in the Service, specifying in particular the type and quantity of the ordered service. Placing an Order of service constitutes submission of an offer to the Service Provider to conclude a Service Sales Agreement being the subject of the Order;
– Service Sales Agreement – a contract for the sale of services within the meaning of the Civil Code, concluded between the Service Provider and the Customer;
– Consumer – the person placing an order who is a natural person performing a legal transaction (purchase of a service) with the Service Provider, not directly related to their business or professional activity. The Customer is also a Consumer if there are no separate provisions regarding the Consumer in a given matter;
– Price – the gross price of the service (including VAT);
– Account – an account maintained for the Customer by the Service Provider under a unique name (login), being a collection of resources in which the Customer's data and information about their activities within the Online Service are collected;
– Registration – the procedure for creating an Account.

III. REGISTRATION

1. In order to create an Account, the Customer is obliged to make a free Registration.
2. Registration does not mean placing an Order for any service, however, it is necessary to place Orders.
3. In order to register, one must fill out the registration form made available at https://grzegorzskwarek.pl/ and send the completed registration form electronically to the Service Provider by selecting the appropriate function located in the registration form. During Registration, the Customer sets an individual Password.
4. While filling out the registration form, the Customer has the opportunity to read these Regulations. The condition for Registration is to accept its content by marking the appropriate field in the form.
5. After sending the completed registration form, the Customer immediately receives, by electronic means to the e-mail address provided in the registration form, a confirmation of Registration and other information required by law. From that moment, an agreement for the electronic provision of the Account maintenance service is concluded, and the Customer gains access to the Account and the capability to make changes to the data provided during registration.
6. It is prohibited to use data, including e-mail addresses, of other persons in the registration process. Using false, out-of-date, incorrect or incomplete data or data of other persons constitutes a basis for terminating the Account maintenance agreement.
7. The Customer may not make the Account available to other persons for use, in particular disclose the access password. The Customer is obliged to immediately inform the Seller if the access data to the Account have been compromised by third parties and, if possible, clarify the circumstances of their takeover.
8. While using the Service, the Customer is obliged to immediately notify the Seller of any irregularities, faults or interruptions in the functioning of the Service and of improper quality of the Service.
Any irregularities can be reported by the Customer to the address: grzegorzskwarek.pl
9. Through the Service, the Service Provider enables:
a) obtaining information about the Service,
b) receiving notifications referred to in point 3.8. above,
c) submitting a complaint regarding the operation of the Service or the provided services.

IV. RULES FOR PROVIDING SERVICES IN THE SERVICE.

4.1. Within the framework of the Service, the Service Provider undertakes to provide the Service within the scope and on the terms specified in these Service Regulations.
4.2. Using the Service is possible provided that the ICT system used by the Customer meets the following minimum technical requirements:
(a) Internet Explorer version 9.0 or newer with JavaScript and cookies enabled or (b) Mozilla Firefox version 22.0 or newer with JavaScript and cookies enabled, Google Chrome version 30 or newer with JavaScript and cookies enabled, Safari 5 or newer with JavaScript and cookies enabled, Opera 20 or newer with JavaScript and cookies enabled, minimum screen resolution 1200x800 pixels.
4.3. The Service Provider uses cookie-type files solely for the purpose of collecting information related to the use of the Service, and in particular to:
a) maintain the Customer's session;
b) adjust the Service to the Customer's needs;
c) create viewership statistics for the Service's subpages, and
d) for the Seller's marketing purposes.
4.4. The Seller reserves the right to modify the technical method of implementing the Service, according to the scope and conditions resulting from their entitlements, as well as according to their technical capabilities, without deteriorating its quality, and without affecting the scope of the Parties' rights and obligations.
4.5. The Seller is entitled to temporarily suspend the provision of the Service in the Service in relation to all or some Accounts in connection with conducting necessary maintenance work. The above will be done after prior notification to the Customers (e.g., by sending an appropriate message to the Accounts and including an announcement in the Service) and for the shortest possible time.
4.6. In order to ensure the security of communication transmission in connection with the provided Service, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the provided Service.

V. RECEIVING AND EXECUTING THE ORDERED SERVICE

1. Orders are accepted through the Online Service https://grzegorzskwarek.pl/ , which constitutes a website used for the presentation of services performed by the Service Provider.
2. The Service Sales Agreement is concluded at the moment the Customer presses the functionality marked within the purchase path as "BUY NOW", and in the case of payments using the PAYPAL system, by pressing the functionality marked as "Pay now". The Agreement does not apply if the actual payment is not settled. The Agreement can be concluded solely through the Online Service https://grzegorzskwarek.pl/ i.e., using its functionality. The subject of the Agreement will be defined at the final stage of the purchase path.
3. The Service Provider is obliged to deliver a service free from legal and physical defects.
4. Services are executed no later than within 10 (ten) days from the day the price paid by the Customer for the service is credited.

VI. PRICES OF SERVICES AND PAYMENTS

1. Prices of services are given in Polish Zlotys on the website of the Online Service https://grzegorzskwarek.pl/ and include VAT and all other fees. Payment for the service may be made using the methods indicated in point 6.2 below. The price of the selected service should be paid by the Customer immediately upon placing the order for the given service. All payments are made in currencies: Polish Zloty according to the rate applicable at the bank serving the Customer.
2. The Customer can make payment in the following way:
a) by transfer to the bank account number: PKO BP, SWIFT: BPKOPLPW 34 10202384 0000 9602 0165 4805
b) payment via system: PayU, PayPal;
3. The Service Provider confirms the payment to the e-mail address provided by the Customer.
4. The Service Provider reserves the right to change the prices of services without notice. The price change does not apply to Orders already placed by the Customer and confirmed by the Service Provider.
5. The Service Provider also reserves the right to withdraw individual services without notice.
6. For all purchased services, the Service Provider issues a proof of purchase in the form of a fiscal receipt or, upon request, a VAT invoice, after providing the data necessary to issue a VAT invoice.

VII. EXCLUSION OF THE RIGHT TO WITHDRAW FROM THE AGREEMENT

The Service Provider indicates that, acting on the basis of Art. 38 point 3 [Exceptions to the right to withdraw from the agreement] of the Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287 consolidated text of 21 February 2020), the Consumer's right to withdraw from the Service Agreement within the operations of the Online Service does not apply against the Service Provider due to the nature of the provided services.
Act of 30 May 2014 on consumer rights (Journal of Laws 2020.287 consolidated text of 21 February 2020), Art. 38. The right to withdraw from an agreement concluded off-premises or at a distance does not apply to the consumer in respect of contracts: (…)
3) in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to satisfy their individual needs.

VIII. COMPLAINTS

1. This point of the Regulations applies exclusively to relations with Consumers. In respect of Customers who are not Consumers, the rights resulting from the Statutory Warranty for defects are excluded.
2. Through the Service, the Service Provider enables the Customer to submit a complaint regarding the operation of the Service or the quality of the performed service to the address: info@grzegorzskwarek.pl
3. The Customer has the right to submit a complaint within 30 (thirty) days from the day on which the Service was performed/delivered to the Customer to the e-mail address specified by them. A complaint submitted after the deadline specified in the first sentence shall be left unexamined, about which the Service Provider shall immediately notify the Customer.
4. A complaint can be submitted in writing or by using other means of distance communication, including electronically, provided that technical capabilities do not prevent it. The Service Provider reserves the right to intervene in the Account to the extent necessary to remove a disturbance or problem in the functioning of the Account or the Service. The date of submitting the complaint is considered to be the date of its dispatch by the Customer.
5. The complaint will be considered within 14 days of its receipt by the Service Provider.

IX. PROCESSING OF PERSONAL DATA (GDPR)

1. The personal data controller is the Service Provider – NOYRAS LTD 20 Kentish Town Road, Grand Union House NW1 9NX London, United Kingdom, Tax ID (NIP) PL: 5263135088 Correspondence address: www.botanique.pl, info@botanique.co.ukm, tel. +48 508396396, +48 508396396
2. The Service Provider processes and stores data that were provided by the Customer at the stage of creating an Account in the Online Service and for the purpose of executing the Services provided by the Service Provider. The processing of personal data takes place based on the Privacy Policy (GDPR) of the Data Controller. The content of the Privacy Policy has been placed on the website of the Online Service at the address: https://grzegorzskwarek.pl/
3. Creating an Account in the grzegorzskwarek.pl Service is equivalent to granting consent to the processing of personal data.
4. The Customer may also consent to the processing of personal data for marketing purposes by checking the appropriate tab in their Account or at the stage of Registration or making a Booking.
5. The Service Provider is entitled to share the Customer's personal data with third parties in the event that it is necessary for the execution of the concluded Agreement;
6. Providing personal data is voluntary. Customers have access to their data, the right to inspect them, the right to correct them, and to request cessation of their processing. They can exercise these rights by logging into their Account on the Online Platform and using the options available in it, including options to view and correct data. In the case of a request to delete the Account, please contact the support of the Online Service at the email address: info@grzegorzskwarek.pl
7. Personal data may be entrusted for processing to cooperating entities, e.g., providing online payment services. Entrustment will take place only for the purpose and to the extent necessary for the performance of services by the above-mentioned entities.

X. FINAL PROVISIONS

1. In matters not regulated in these Regulations, the provisions of the Civil Code and other relevant provisions of Polish law shall apply.
2. In the event of a dispute, the Parties will strive to resolve it amicably.
3. Settlement of any disputes arising between the Service Provider and the Customer who is a consumer within the meaning of Art. 221 of the Civil Code is submitted to the competent courts in accordance with the provisions of the relevant rules of the Code of Civil Procedure.
4. Settlement of any disputes arising between the Seller and the Customer who is not a consumer within the meaning of Art. 221 of the Civil Code is submitted to the court competent for the registered office of the Seller.
5. The Regulations apply from 29 January 2021. The Seller reserves the right to change these Regulations. All Orders accepted for execution before the date of entry into force of the new Regulations are executed on the basis of the existing provisions of the Regulations.