Regulations

ONLINE SHOP REGULATIONS

IVYDUSTON.COM

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE SHOP
  3. CONDITIONS FOR CONCLUDING A SALES CONTRACT
  4. METHODS AND DEADLINE OF PAYMENT FOR THE PRODUCT
  5. TERMS OF USE OF A PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
  6. COMPLAINT HANDLING PROCEDURE
  7. EXTRAJUDICAL METHODS OF SETTLING COMPLAINTS AND INVESTIGATING CLAIMS AND THE RULES OF ACCESS TO THESE PROCEDURES
  8. THE STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT
  9. THE CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT
  10. PROVISIONS CONCERNING ENTREPRENEURS
  11. PRODUCTS REVIEWS
  12. ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS
  13. FINAL PROVISIONS
  14. MODEL WITHDRAWAL FORM

These Online Shop Regulations have been prepared by the lawyers of the Prokonsumencki.pl. The online shop www.ivyduston.com 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. 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.ivyduston.com is run by the company WinCulum Iwona Duszyńska based in Rzeszów, Poland (the office address and correspondence address: al. Józefa Piłsudskiego 17/4, 35-074 Rzeszów, Poland), registered in the register of entrepreneurs of National Court Registry under the number: PL7831488226; register court which holds the company’s documentation: District Court based in Rzeszów, XII Commercial Department of National Court Registry; tax ID no. NIP (VAT UE): PL7831488226, National Economy Register No. REGON 302073100; e-mail address: contact@ivyduston.com and telephone number: +48 517 163 512.

1.2.        These Regulations are addressed both to the consumers and to the entrepreneurs using the Online Shop unless a given provision 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. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) L 277, 27.10.2022, p. 1–102).
    1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
    1. 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 the payment.
    1. 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. CIVIL CODE – Polish Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 with amendments).
    1. ACCOUNT – Electronic Service, a set of resources in the Online Shop’s ICT system, identified by an individual electronic mail address (e-mail) and password, assigned to the Service Recipient, in which the data provided by the Service Recipient as well as information on their Orders placed in Online Shop are stored. The Account allows the Service Recipient to access and use the Products – digital content and digital services purchased in Online Shop.
    1. ILLEGAL CONTENT – any information that, in itself or in relation to an activity, including the sale of Products or the provision of services, is not in compliance with European Union law or the law of any EU Member State which is in compliance with European Union law, irrespective of the precise subject matter or nature of that law.
    1. COPYRIGHT ACT – Polish Copyright and Related Rights Act of 4th of February 1994  (Journal of Laws No. 24, item 83 with amendments).
    1. PRODUCT – a digital content or a digital service available in the Online Shops and being the subject of the Sales Contract between the Customer and the Seller.
    1. available in the Online Shop being the subject of the Sales Contract between the Customer and the Seller.
    1. REGULATIONS – these regulations of the Online Shop.
    1. ONLINE SHOP – online shop of the Service Provider available at the Internet address: www.ivyduston.com
    1. SELLER, SERVICE PROVIDER – the company WINCULUM I. DUSZYŃSKA SPÓŁKA KOMANDYTOWA based in Rzeszów, Poland (the office address and correspondence address: al. Józefa Piłsudskiego 17/4, 35-074 Rzeszów, Poland), registered in the register of entrepreneurs of National Court Registry under the number: 0001081597; register court which holds the company’s documentation: District Court based in Rzeszów, XII Commercial Department of National Court Registry; tax ID no. NIP (VAT UE): PL5170443638, National Economy Register No. REGON 527509833; e-mail address: contact@ivyduston.com and telephone number: +48 517 163 512.
    1. SALES CONTRACT –  a contract for the delivery of a digital content or a digital service which is being concluded or has been concluded between the Customer and the Seller via the Online Shop.
    1. ELECTRONIC SERVICE – the service provided electronically by the Service Provider to the Service Recipient via the Online Shop and which is not a Product.
    1. 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. CONSUMER RIGHTS ACT – Polish Act of 30 May 2014 on consumer rights (Journal of Laws 2014 item 827 with amendments).
    1. 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: Account and Order Form.

  • Account – the use of the Account is reserved for the Service Recipient who placed an Order in the Online Shop. The Account is created automatically when the Order is placed, unless the Service Recipient already has an Account and logs in to it before placing the Order. The Service Recipient has the right to change the received access data to the Account at any time after logging in to the Account. For security reasons, the Service Recipient should ensure that the selected password is appropriately complex and unique (i.e. it will not be a repetition of the password used by the Service Recipient to log in on other websites and online portals). The Service Recipient is obliged to keep the access data to the Account secret from third parties. The Service Recipient is prohibited from making the Account available to others, in particular by means of leasing or lending the Account. The Service Recipient should not have more than one Account at the same time.
    • The Service Provider reserves the right to suspend, and ultimately to delete, the Service Recipient’s Account, if the Service Recipient, despite prior notice and giving the reason, violates the provisions of these Regulations, the terms of the Sales Contract or the provisions of generally applicable law, in particular: (1) where the actions of the Service Recipient in question unlawfully damage the reputation of the Service Provider or the Online Shop; (2) where the Service Recipient uses the Online Shop, the Account or the Product in a manner inconsistent with its purpose and subject matter, in particular by violating the licensing conditions regarding the prohibition of distribution, copying and marketing of the Product; (3) if the Customer’s actions pose a threat to the security of the Service Provider’s IT system and the Online Shop or to the security of other Service Recipient’s during their use of the Online Shop; or (4) if the Customer provides Illegal Content in the Online Shops or other content that does not comply with these Regulations, including unlawful, vulgar and offensive content, content violating other people’s personal rights and copyrights or other intellectual property rights, content violating good morals and principles of social coexistence, as well as content promoting directly or indirectly other websites, companies, products and services competing with the Service Provider and the Online Shop. Suspension of the Account consists of disabling the Service Recipient’s ability to log into the Account.. The Account may be suspended for a specific period indicated by the Service Provider or indefinitely – until the reason for its suspension ceases. During the suspension of the Account, the Service Recipient must take steps to remove the reason that gave rise to the suspension and, once removed, must inform the Service Provider immediately. The Service Provider shall activate the Account immediately after being informed that the reason for its suspension has ceased. If the suspension of the Service Recipient’s Account lasts for at least 30 calendar days and the reasons for the suspension have still not ceased, the Service Provider is entitled to terminate the contract for the use of the Account with 7 days’ notice by sending a statement to the Service Recipient’s e-mail address. On expiry of the notice period, the Account and all the associated data shall be deleted irretrievably.
    • The Account Electronic Service is provided free of charge and for an indefinite period of time. The Service Recipient has the possibility, at any time and without giving any reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, for example by e-mail to the address: contact@ivyduston.com or in writing to the following address: al. Józefa Piłsudskiego 17/4, 35-074 Rzeszów, Poland. Once the Account has been deleted, it is not possible to log in to the Account and to use its resources and functionalities.
    • Order Form – using of the Order Form begins with adding the first Product to the electronic basket by the Customer in the Online Shop. If the Customer already has an Account in the Online Shop, they should log in to it before placing the Order – otherwise, upon placing the Order, an Account will be automatically created for the Customer. 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 the action 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 regarding the Customer: name and e-mail address.
      • 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.

2.2.        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) up-to-date version of Internet browser: Mozilla Firefox; Opera; Google Chrome; Safari or Microsoft Edge; (4) recommended minimal screen resolution: 1024×768; (5) 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, including Illegal Content.

2.4.        Complaint procedure with regard to the Electronic Services is indicated in section 6 of the Regulations.

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 2.1.2 of the Regulations.

3.2.        The Product price or renumeration shown on the Online Shop website is given in US dollar, Canadian dollar, Australian dollar, New Zealand dollar, British pound, euro, Hong Kong dollar, Singapore dollar, rand (South African currency) or Philippine peso and includes taxes. The Customer is informed of the total Product price or renumeration, inclusive of taxes, or where the nature of the Product is such that the price cannot reasonably be calculated in advance, the manner in which it is to be calculated, as well as any other applicable costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable – on the Online Shop’s website during placement of the Order, as well as at the moment of the Customer’s expression of will to enter into a Sales Contract. In the case of a contract concluded for an indefinite period or involving a subscription, the Service Provider shall state in the same manner the total price or remuneration including all payments for the billing period and, where the contract provides for a fixed rate, also the total monthly payments for that contract.

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

  • 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. 2.1.2 of the Regulations.
    • 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 content 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 DEADLINE OF PAYMENT FOR THE PRODUCT

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

  • Payment by bank transfer to the Seller’s bank account.
    • The electronic payments and credit card payments via PayPal.com or Stripe.com services – detailed information on available payment methods are specified on the Online Shop website while placing the Order as well as on the websites: https://www.paypal.com or https://www.stripe.com.
      • The settlement of transactions by electronic payments and credit cards are carried out in accordance with the Customer’s choice through PayPal.com or Stripe.com services. The support for electronic payments and credit card payments is provided by:
        • PayPal.com – the company PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. floor 22–24 Boulevard Royal, L-2449, Luxembourg.
        • Stripe.com – the company Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).

4.2.        The above-mentioned payment methos may not be available for all Products at the same time. Up-to-date information on available payment methods is specified each time the Customer places an Order at the latest.

4.3.        Payment deadline:

  • If the Customer chooses payment by electronic payment or payment by credit card, the Customer is obliged to make the payment directly after placing the Order and being redirected to the choosen payment gateway – otherwise, the payment session may expire and the transaction will not take place. In case of any technical problems with making the payment, the Customer may contact the Seller to arrange payment by bank transfer to the Seller’s bank account.

5.     TERMS OF USE OF A PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES

5.1.        This section 5 of the Regulations defines default terms for using the Products – digital content and digital services available in the Online Shop. These rules apply in the absence of individual terms of use of the Product for a given Product (e.g. in the description of the Product to which they apply) or to the extent not regulated by individual regulations.

5.2.        The rights to the Product, including copyrights in the case of Products constituting a work within the meaning of the Copyright Law, are vested in the Seller or other authorized third parties. The Customer does not receive ownership of any copyright or other intellectual property rights to the Product.

5.3.        On the basis of the concluded Sales Contract, the Customer is entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Contract, and in the absence of such specification, for the purposes for which a Product of that type is usually used, taking into account applicable law, technical standards or good practices.

5.4.        The use of the Product by the Customer is possible only for the Customer’s own use, including as part of his business activity, unless the Sales Contract provides otherwise. Subject to the exceptions provided for by generally applicable regulations and other provisions of the Sales Contract: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for commercial purposes, including marketing the Product; (3) the Customer is not authorized to transfer, sublicense or authorize others to use the Product; (4) the Customer is not entitled to copy, duplicate, modify, adapt, translate, decode, decompile, disassemble or otherwise attempt to interfere with the Product, unless it is necessary to ensure proper use of the Product in accordance with the Sales Contract.

5.5.        The use of the Product by the Customer is possible for the period specified in the Sales Contract, in particular in the description of the Product or while placing the Order, and in the abscence of such information – for 12 months from the date of its delivery to the Customer. Once the access to the Product has expired, the Customer may renew the purchase manually by placing the Order in the same manner as the first time and making the payment in accordance with currently applicable price of the Product. Content other than video materials may also be sent by the Seller via e-mail to the Customer’s e-mail address upon individual request, provided that the use of these materials is subject to all other rules of use specified in these Regulations.

5.6.        Access to the Product is granted by making digital content or digital services constituting the Product available for use on the Account from which the Order has been placed. The Customer is additionally informed about the availability of the Product in an e-mail sent to the e-mail address provided in the Order. Access to and use of the Product is possible only via the Accout in the Online Shop, unless the Sales Contract provides otherwise.

5.7.        The deadline for delivery of the Product to the Customer – the delivery of the Product begins immediately, no later than within 2 Business Days, unless a shorter deadline is specified in the description of the Product or when placing the Order. The beginning of the delivery time of the Product to the Customer is counted as follows:

  • 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.

5.8.        The Seller reserves the right to make a change to a Product that is not necessary to keep it in conformity with the Sales Contract in the event of one or more justifiable reasons, i.e. when the change is necessary to adapt the digital content or digital service to a new technical environment or to an increase in the number of users or for other important operational reasons – and only to the extent that this reason affects the change. However, the Seller may not make a change to a Product delivered on a one-off basis. The introduction of the change referred to above may not involve any costs on the part of the consumer, and the Seller is obliged to inform the consumer in a clear and comprehensible manner of the change being made. If the change referred to above materially and adversely affects the consumer’s access to or use of the Product, the Seller shall be obliged to inform the consumer well in advance on a durable medium of the nature and timing of the change and the right to terminate the Sales Contract without notice within 30 days from the date of the change or the notification of that change, if the notification was made later than the change. The right of termination referred to in the preceding sentence shall not apply if the Seller has provided the consumer with the right to keep, at no additional cost, the Product in conformity with the Sales Contract in an unchanged condition.

6.     COMPLAINT HANDLING PROCEDURE

6.1.        This section 6 of the Regulations defines 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 Seller’s running of the Online Shop.

6.2.        A complaint can be submitted, for example.

  • in writing to the following address: al. Józefa Piłsudskiego 17/4, 35-074 Rzeszów, Poland;
    • in electronic form via e-mail to the following address: contact@ivyduston.com.

6.3.        It is recommended to provide 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 of irregularities or lack of conformity with the contract; (2) the request to bring the Product into conformity with the contract or a statement of price reduction or withdrawal from the Sales Contract, or other claim and (3) the contact details of the complainant – this will facilitate and speed up the consideration of the complaint. The requirements specified in the preceding sentence only take the form of recommendations and do not affect the effectiveness of the complaints filed without the recommended description of the complaint.

6.4.        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.

6.5.        The complaint may be accompanied by evidence (e.g., photos, documents, the Product or screen shots) 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 it facilitates and speeds up the consideration of the complaint by the Seller.

6.6.        The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.

6.7.        The basis and scope of the Seller’s liability are defined by generally applicable laws, in particular in the Civil Code, the Consumer Rights Act and the 18th of July 2002 Act on Rendering of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended). The following additional information is indicated regarding the Seller’s liability, as provided by law, for the Product’s conformity with the Sales Contract:

  • Detailed conditions regarding the complaint of the Product purchased by the Customer under the Sales Contract concluded with the Seller until December 31, 2022, are set out in the provisions of the Civil Code in the wording in force until December 31, 2022, in particular art. 556–576 of the Civil Code. These provisions specify in particular the basis and scope of the Seller’s liability towards the Customer if the Product sold has a physical or legal defect (warranty). Pursuant to Art. 558 § 1 of the Civil Code, the Seller’s liability under warranty for the Product purchased according to the preceding sentence to the Customer who is not a consumer shall be excluded.
    • Detailed conditions regarding the complaint of the Product – digital content or digital service purchased by the Customer under the Sales Contract concluded with the Seller from January 1, 2023 or before this date, if the delivery of such a Product was to take place or took place after that date, are set out in the provisions of the Consumer Rights Act in the wording in force from 1. January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions determine, in particular, the basis and scope of the Seller’s liability towards the consumer if the Product – digital content or difital service does not comply with the Sales Contract.

6.8.        The provisions regarding a consumer contained in the point 7.7.2 of the Regulations shall apply also to the Customer who is a natural person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG).

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

7.1.        Methods of resolving disputes without court involvement include (1) allowing the parties’ positions to be brought closer together, such as through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) settling the dispute and impose a solution on the parties, such as through arbitration. The detailed information on using the extrajudicial method of dealing with complaints and pursuing claims, the rules of access to these procedures as well as user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2.        At the Office of the President of Competition and Consumer Protection there is a contact point, whose task, among others, is the provision of information for the consumers in matters relating to the extrajudicial solving of consumer disputes. The consumer can contact this point: (1) via telephone – by calling 22 55 60 332 or 22 55 60 333; (2) via e-mail – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s Headquarters at the address: 1 Powstańców Warszawy Square in 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; or (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).

7.4.        An online platform for settling disputes between the consumers and the entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/odr. The ODR platform is an interactive and multilingual website with a one-stop shop for the consumers and the entrepreneurs seeking out-of-court settlement of the contractual obligations arising from an online sales contract or a service contract (more information on the platform website itself or on the Internet site of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).

8.     THE STATUTORY RIGHT OF WITHDRAWAL FROM THE CONTRACT

8.1.        According to the Consumer Rights Act, the 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 contracts mentioned in point 8.5 and costs specified in point. 8.6 of the Regulations. To meet the deadline, it is required to send a statement before its expiry. A declaration of withdrawal from the contract can be made, for example:

  • in writing to the address: al. Józefa Piłsudskiego 17/4, 35-074 Rzeszów, Poland;
    • in electronic form via e-mail to the following address: contact@ivyduston.com.

8.2.        An exemplary template of withdrawal form is included in Enclosure no. 2 to the Consumer Rights Act and is additionally available in section 14 of the Regulations. The consumer can use the template form, but it is not obligatory.

8.3.        The deadline for withdrawal from the contract which subject is a Product – digital content or digital service begins from the date of contract conclusion.

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

8.5.        The right to withdraw from a distant contract is not available to the consumer in relation to contracts: (1) for the delivery of digital content that is not stored on a tangible medium if the performance of the service started before the deadline to withdraw from the contract with the consumer’s express consent after being informed by the Seller about the loss of the right to withdraw from the contract and after acknowledging that, and if the Seller provided the consumer with the confirmation referred to in art. 15 sec. 1 and 2 or art. 21 sec. 1 of the Consumer Rights Act; (2) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer who has been informed before the performance of the service that he will lose his right of withdrawal once the contract has been fully performed by the Seller, and acknowledged that.

8.6.        Possible costs and consequences related to the consumer’s withdrawal from the contract (if the right of withdrawal has not been excluded in accordance with point. 8.5 above):

  • In a case of withdrawal from the contract for the delivery of the Product – digital content or digital service – from the date of receipt of the consumer’s statement on withdrawal from the contract the Seller shall refrain from using any content other than personal data, which was provided or created by the consumer when using the Product, except where such content: (1) has no utility outside the context of the digital content or digital service that was the subject of the contract; (2) only relates to the consumer’s activity when using the digital content or digital service supplied by the Seller; (3) has been aggregated with other data by the Seller and cannot be disaggregated or only with disproportionate efforts; (4) has been generated jointly by the consumer and other consumers, and other consumers are able to continue to make use of the content. Except in the situations referred to in clauses (1)–(3), the Seller shall, at the request of the consumer, make available to the consumer any content other than personal data, which was provided or created by the consumer when using the digital content or digital service supplied by the Seller. In a case of withdrawal from the contract the Seller may prevent any further use of the digital content or digital service by the consumer, in particular by making the digital content or digital service inaccessible to the consumer or disabling the user account of the consumer, without prejudice to the rights of the consumer, as described in the preceding sentence. The consumer shall be entitled to retrieve that digital content free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used and machine–readable format.
    • In a case of withdrawal from the contract for the delivery of the Product – digital content or digital service – the consumer is obliged to refrain from using the digital content or digital service and from making it available to third parties.
    • The Seller is obliged to reimburse immediately, no later than within 14 calendar days of receipt of the consumer’s declaration of withdrawal, all payments made by the consumer. The Seller shall refund the payment using the same method of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.
    • 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.

8.7.        The provisions regarding a consumer contained in this section 8 of the Regulations shall apply from 1 January 2021 and for contracts concluded from that date onwards also to the Service Recipient or Customer who is a natural person and concludes a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG).

9.      THE CONTRACTUAL RIGHT OF WITHDRAWAL FROM THE CONTRACT

9.1.        Notwithstanding the statutory right of withdrawal from the distant contract referred to in section 8 of the Regulations and the right of complaint referred to in section 6 of the Regulations, each Customer who has concluded a Product Sales Contract may exercise the contractual right of withdrawal under the terms and conditions indicated in this section of the Regulations.

9.2.        The contractual right of withdrawal shall also apply in cases where the statutory right of withdrawal is excluded pursuant to section 8 of the Regulations..

9.3.        The Customer may exercise the contractual right of withdrawal from the Sales Contract within 30 calendar days from the date of conclusion of the Sales Contract. To meet the deadline it is sufficient to send the declaration of withdrawal to the Seller, for example in electronic form via e-mail to: contact@ivyduston.com.

9.4.        The Seller is obliged to return all payments made by the Customer to the Customer immediately, no later than within 14 calendar days from the date of receipt of the Customer’s declaration of withdrawal from the contract. The Seller shall refund the payment by transfer to the bank account provided by the Customer.

9.5.        In matters not covered by these provisions, shall apply provisions of sectio  8 of the Regulations concerning the statutory right of withdrawal, particularly with regard to the effects of withdrawal with respect to digital content and services.

10.  PROVISIONS CONCERNING ENTREPRENEURS

10.1.     This section 10 of the Regulations and all provisions whatsoever contained therein are addressed and therefore bind only the Customer or the Service Recipient who is not a consumer. In addition, from January 1 2021 and for contracts concluded from that date onwards, this section of the Regulations and all provisions contained therein are not addressed to, and thus do not bind, the Customer or the Service Recipient who is a natural person concluding a contract which is directly related to their business activity if the contents of the contract prove that the same is not of a professional nature for that person, resulting in particular from the subject of the business activity the run by the person, disclosed on the basis of the provisions on the Polish Central Register and Information on Economic Activity (CEIDG), unless the application of the provisions contained in this section of the Regulations to such person is not forbidden by applicable laws.

10.2.     The Seller has the right to withdraw from the Sales Contract concluded with the Customer within 14 calendar days from the date of its conclusion. The withdrawal from the Sales Contract in this case may occur without giving a reason and does not give rise to any claims on the part of the Customer in relation to the Seller.

10.3.     The Seller’s liability under the legal warranty for the Product or lack of conformity of the Product with the Sales Contract shall be excluded.

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

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

10.6.     The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending the Service Recipient an appropriate statement.

10.7.     The liability of the Service Provider/the  Seller in relation to the Service Recipient/the Customer, regardless of its legal basis, is limited – both as part of a single claim, as well as for all claims in total – up to the price paid under the Sales Contract, but not more than up to the amount of one thousand Polish zlotys (PLN). The limitation of amount referred to in the preceding sentence applies to any claims whatsoever addressed by the Service Recipient/Customer to the Service Provider/Seller, including also the case when the Sales Contract is not concluded or the cases not related to the Sales Contract at all. The Service Provider/the Seller is liable towards the Service Recipient/the Customer only for typical damage predictable at the time the contract is concluded and is not liable for lost profits in relation to the Service Recipient/the Customer.

10.8.     Any disputes arising between the Seller/the Service Provider and the Customer/the Service Recipient shall be subject to the court having jurisdiction over the registered office of the Seller/the Service Provider.

11.  PRODUCTS REVIEWS

11.1.     The Seller does not provide the possibility to issue or access reviews of the Products on the Online Shop’s website.

12.  ILLEGAL CONTENT AND OTHER CONTENT THAT DOES NOT COMPLY WITH THE REGULATIONS

12.1.     This section of the Regulations contains provisions arising from the Digital Services Act to the extent that they concern the Online Shop and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Shop, unless the Regulations require the provision of specific data (e.g. data for placing an Order). The Service Recipient may be able to provide content in the Online Shop using the tools provided for this purpose by the Service Provider. The Service Recipient is obliged to comply with the rules contained in the Regulations each time he provides content.

12.2.     CONTACT POINT – The Service Provider designates the email contact@ivyduston.com as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the EU Member States, the European Commission, and the European Board for Digital Services, and at the same time enables the users 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 designates Polish and English languages for the purpose of communication with its contact point.

12.3.     Illegal Content notice and action mechanisms as reguired by Article 16 of the Digital Services Act:

  1. To the e-mail address contact@ivyduston.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.
    1. The notification should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates submitting – to the e-mail address provided above – reports containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be illegal content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the illegal content adapted to the type of content and to the specific type of service; (3) the name and email address of the individual or entity submitting the notice, except in the case of information involving one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.
    1. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 in respect of the specific item of information concerned where they allow Service Provider, acting diligently, to identify the illegality of the relevant activity or information without a detailed legal examination.
    1. 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.
    1. The Service Provider shall process any notices that they receive under the mechanisms referred to in paragraph 1 and take their decisions in respect of the information to which the notices relate, in a timely, diligent, non-arbitrary and objective manner. Where the Service Provider uses automated means for that processing or decision-making, they shall include information on such use in the notification referred to in the previous paragraph.

12.4.     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 Service Recipients:

  1. The Service Recipient is bound by the following rules in the case of providing any content within the Online Shop: 
    1. the obligation to use the Online Shop, including to post content (e.g. via Order or Account), in accordance with its intended use, these Regulations 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.
    1. the obligation to provide content that is factually accurate and not misleading.
    1. prohibition on the provision of illegal content, including the prohibition on the provision of Illegal Content.
    1. prohibition of sending unsolicited commercial information (spam) via the Online Shop.
    1. prohibition of providing content that violates the generally accepted rules of netiquette, including content that is vulgar or offensive.
    1. 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.
    1. the obligation to use the Online Shop in a manner that does not pose a threat to the security of the Service Provider’s ICT system, the Online Shop or third parties.
    1. The Service Provider reserves the right to moderate 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 Regulations or to prevent access to them or to take the necessary measures to comply with the requirements of European Union law and the law of any EU Member State which is in compliance with European Union law, including the requirements set out in the DSA, or the requirements contained in the Regulations.
    1. 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 Regulations. 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.
    1. act in a diligent, objective and proportionate manner, with due regard to the rights and legitimate interests of all parties involved, including the fundamental rights of the Service Recipients enshrined in the Charter of Fundamental Rights of the European Union, such as the freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

12.5.     Any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision made in accordance with the provisions of these Regulations may be submitted in a procedure analogous to the complaint procedure indicated in section 6. the of these Regulations. This procedure is free of charge and allows you to submit complaints electronically to the e-mail address provided. The use of the notice and action mechanisms is without prejudice to the right of the person or entity concerned to bring proceedings before a court and does not affect its other rights.

12.6.     The Service Provider shall consider any comments, claims, complaints, appeals or objections regarding the decision or other actions or lack of action by the Service Provider on the basis of the received notice or the Service Provider’s decision 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 their decision not to take action in response to the complaint is unjustified or that the relevant information is not illegal and inconsistent with the Regulations, 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.

12.7.     The 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 Regulations are addressed, have the right to choose any out-of-court dispute resolution body certified by the Digital Services Coordinator of the EU Member State to resolve disputes regarding these decisions, including in relation to complaints that have not been resolved within the Service Provider’s internal complaints resolution system.

13.  FINAL PROVISIONS

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

13.2.     Change of Regulations:

  1. The Service Provider reserves the right to make changes of the Regulations for urgent reasons, this is: changes in the law; changes in payment and delivery times or methods; being subject to legal or regulatory obligations; changes in the scope or form of Electronic Services or Products provided; addition of new Electronic Services or Products; necessity to counteract an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malicious software, spam, data breaches or other cyber security threats – to the extent to which these changes affect the implementation of the provisions of these Regulations.
    1. Notice of proposed changes shall be sent at least 15 days in advance of the effective date of such changes, with the proviso that the change may be made without observing the 15-day notice period notice in the event that the Service Provider: (1) is subject to a legal or regulatory obligation under which requires it to amend the Regulations in a manner that prevents it from complying with the 15-day notification period notice; or (2) it must, by way of exception, amend its Regulations to counter an unforeseen and imminent threat related to the protection of the Online Shop, including the Electronic Services and the Service Recipients/Customers from fraud, malware, spam, data breaches or other cyber security threats. In the last two cases referred to in the preceding sentence, changes shall be implemented with immediate effect, unless it is possible or necessary to apply a a longer period for the implementation of changes, which shall be notified by the Service Provider in each case.
    1. In case of concluding on the basis of these Regulations continuous contracts (e.g. use of the Account), the Service Recipient has the right to terminate the contract before the end of the notification period notice. The termination of the contract shall take effect within 15 calendar days from the receipit of notification. In case of concluding the continuous contracts, the amended Regulations bind the Service Recipient if they were correctly informed about the changes, according tot he notification period, and did not terminate the contract within that period. In addition, at any time after receiving notification of changes, the Service Recipient may accept the changes and thereby opt out of the continued notification period. In the case of concluding the contracts of a different nature from continuous contracts, any changes or amendments to the Regulations shall not in any way affect the acquired rights of the Service Recipients/the Customers before the effective date of changes to the Regulations, in particular changes to the Regulations will not have an impact on already placed or submitted Orders and concluded, executed or executed Sales Contracts.
    1. In the event that the change or amendment to the Regulations would result in the introduction of any new fees or increase of existing ones the consumer has the right to withdraw from the contract.

13.3.     In matters not covered by these Regulations, shall apply generally applicable provisions of Polish law, in particular: the Civil Code; the 18th of July 2002 Act on Provision of Electronic Services (Journal of Laws of 2002 no. 144, pos. 1204 further amended); the provisions of the 30th of May 2014 Consumer Rights Act (Journal of Laws of 2014 pos. 827 further amended); as well as other corresponding provisions of commonly applicable law.

13.4.     These Regulations shall not exclude the laws of the country of habitual residence of the consumer concluding the contract with the Seller/Service Provider, which cannot be excluded by agreement. Seller/Service Provider warrants in this case, the consumer protection afforded to him by provisions which cannot be excluded by agreement.

14.  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:

WINCULUM I. DUSZYŃSKA SPÓŁKA KOMANDYTOWA
al. Józefa Piłsudskiego 17/4, 35-074 Rzeszów, Poland
ivyduston.com
contact@ivyduston.com

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