Terms and Conditions

 

§1 GENERAL PROVISIONS AND CONTACT INFORMATION

1. The online store is available at the domain https://oruba.eu and appropriate subpages upon registration and is operated by the Seller.
2. These terms and conditions specify the conditions and rules for the sale conducted by Jan Oruba “Centrum Fitoterapii,” based in Poland, Wola Łużańska 57, 38-322 Łużna, Małopolskie Province, with tax ID (NIP) 7381870025.
3. The store conducts retail sales via the Internet.
4. In the case of a complaint regarding an order, contact the Seller using the following contact information:
   • Phone number: +48 661123992
   • Email address: janoruba@centrumfitoterapii.com
   • Contact form available within the Store.
5. Customers can communicate with the Seller using the email address and contact form available in the “Contact” section.
6. These terms govern the use of the Store, the placing of Orders, the conclusion of Sales Agreements, and the submission of complaints within the Store.
7. The Seller makes these Terms and Conditions available to the Customer or User free of charge before starting to use the online Store. The Customer may save the content of the Terms in a convenient way, e.g., by saving them on a durable medium or printing them.
8. The condition for using the Store and concluding a Sales Agreement is the acceptance of these Terms. By accepting it, the Customer agrees to all the provisions and undertakes to comply with them.
9. Prices in the Store are quoted in Polish zlotys.
10. Information about Products on the Store’s website, including descriptions, technical parameters, and prices, do not constitute an offer within the meaning of the Civil Code but are only an invitation to conclude an agreement under Article 71 of the Civil Code.
11. While using the Store, it is prohibited to provide unlawful information, including:
    • sending or placing spam within the Store;
    • providing and transmitting content prohibited by law, especially within the Store’s forms.
12. Users are required to:
    • Use the Store in accordance with the Terms and the law;
    • Use the Store in a way that does not disrupt its functioning;
    • Use the content posted on the Store’s subpages solely for personal use as per the provided license (if applicable).
13. Customers cannot make purchases anonymously or under a pseudonym or using incorrect personal data.
14. To delete a Customer’s account, the Customer must delete their account via the Customer Panel or inform the Store in writing or by email about their wish to delete it.

 

§2 DEFINITIONS

The terms used in these Terms and Conditions mean:

1. Seller – Jan Oruba conducting business under the name “Centrum Fitoterapii,” located at Wola Łużańska 57, 38-322 Łużna, with tax ID (NIP) 7381870025, as per the Central Registration and Information on Business.
2. Customer or User – an individual, legal entity, or organizational unit without legal personality granted legal capacity by special regulations, placing an Order and purchasing via the Store.
3. Consumer – an individual entering into an agreement with the Seller within the Store not directly related to their business or professional activity.
4. Business with consumer rights – a Business placing an order for Products related to their business activity but not having a professional nature as per relevant provisions.
5. Account – the Customer’s or User’s account set up on the Store’s platform.
6. Business – an individual, legal entity, or organizational unit without legal personality with legal capacity that uses the Store.
7. Terms and Conditions – these Terms of the Store.
8. Online Store or Store – the store available at https://oruba.eu and subpages through which the Customer can place Orders and purchase Products.
9. Product – physical products purchased or available in the Store. Products are sold for a fee unless explicitly stated otherwise.
10. Sales Agreement – the agreement for selling a Product or Service between the Seller and the Customer via the Store.
11. Order – the Customer’s action, indicating intent to conclude a Sales Agreement on the terms specified in these Terms.
12. Order Form – the Store form allowing the Customer to submit an Order and complete a Sales Agreement.
13. Distance Contract – a contract concluded with the Customer within the Store, without physical presence, using communication means until the contract is concluded.
14. Payment Operators:
    • PayPro SA, owner of the Przelewy24 service, located in Poznań, 60-327, Kanclerska 15, KRS: 0000347935.
    • PayPal Sp. z o.o., located in Warszawa, 00-113, Emilii Plater 53, KRS: 0000289372.
15. Proof of Payment – invoice or receipt issued under the VAT Act of March 11, 2004, and other applicable regulations.
16. Payment – transfer to the Seller’s account via available online payment methods in the Store or cash on delivery, depending on the chosen method and Product.
17. System – IT devices and software ensuring data processing, storage, and transmission via telecommunications networks.
18. Business Days – Monday to Friday, excluding public holidays.
19. Consumer Rights Act – the act of May 30, 2014, on consumer rights.
20. Civil Code – the act of April 23, 1964.
21. GDPR – General Data Protection Regulation of April 27, 2016 (EU Regulation 2016/679).
22. Personal Data Protection Act – the act of May 10, 2018, on personal data protection.

 

§3 TECHNICAL REQUIREMENTS

1. The Customer may use the available functions of the online store in accordance with the Terms and applicable regulations, and in a way that does not disrupt the functioning of the online store or other Customers.
2. To use the Store, including browsing the assortment and placing orders, the following is required:
   • Internet access from a suitable device;
   • A properly configured, current version of a web browser that supports cookies, e.g., Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome;
   • An active and properly configured email account.
3. The Seller provides technical means to prevent the acquisition, modification, or distortion of personal data and information by Customers or unauthorized third parties.
4. The Seller takes appropriate actions to ensure the correct functioning of the Store.

 

 

§4 PRODUCTS AVAILABLE IN THE STORE

1. The Oruba.eu Store offers Products: liposomal emulsions created according to an original recipe, based on years of research.
2. Each Product’s specifics, composition, and distinctive features are described in the Product descriptions in the Store.

 

 

§5 PLACING AND PROCESSING ORDERS

1. The Customer may purchase a Product or Service by selecting it from the appropriate Store subpage. The Customer may choose among different Products at various prices.
2. After selecting a Product or Service, the Customer should follow the steps indicated on the Store pages to complete the purchase. First, the Customer should click the ‘Add to cart’ button shown along with the product’s price and description, which will add the selected Product to the shopping cart.
3. The Customer may then continue shopping or click the ‘View cart’ button and then ‘Proceed to checkout’ to finalize the purchase on the next page.
4. To place an Order, the Customer must provide the following information in the forms:
   • Name and optionally company name,
   • Address (country, street, building number, apartment number, postal code, city),
   • Phone number,
   • Email address.
5. The Customer must accept the Terms and Privacy Policy by checking the ‘I accept the store’s Terms and Privacy Policy’ box. Acceptance is required to place and finalize an Order.
6. The Customer confirms their order by clicking the ‘Buy and pay’ button, which indicates the obligation to pay for the Order.
7. The Customer may also indicate a different shipping address by checking the “Send to another address?” checkbox and providing the appropriate data after being redirected to the appropriate subpage.
8. The Customer may also optionally submit comments to the order, e.g. additional information about the delivery of the parcel.
9. During the process of placing the Order, the Customer is also obliged to select the form of payment for the ordered Products, from those currently available in the Store.
10. During the process of placing the Order – until clicking the “Buy and pay” button – the Customer has the option to modify the personal data provided by them and the data regarding the Products they have selected, as well as the form of payment.
11. By clicking the “Buy and pay” button, the Customer is aware that the conclusion of the agreement is associated with the obligation to pay the amount due to the Seller.
12. Sending the Order by the Customer constitutes a declaration of the Customer’s will to conclude a Sales Agreement with the Seller, in accordance with the content of these Regulations.
13. The Customer makes the payment by selecting one of the payment methods available in the Store, and then makes the payment. The fact of making a purchase is confirmed by e-mail sent to the e-mail address provided by the Customer in the Order form.
14. The Sales Agreement is treated as concluded upon receipt by the Customer of the e-mail referred to in paragraph 13 of this section. The Sales Agreement is concluded in Polish in the content consistent with the Regulations.
15. The number of ordered titles is not limited, unless otherwise stated.
16. The names of manufacturers and brands are proper names, presented in the store for information purposes only.
17. The Seller reserves the right not to process the Order in the event of:
    • incorrect/incomplete completion of the Order form (lack of all data necessary to process the Order),
    • non-receipt of payment within 3 days of placing the Order (in the case of choosing the bank transfer payment option).

 

 

§6 PRODUCT PRICES AND PAYMENT METHODS

1. The prices of the Products posted on the Store’s website are gross prices and include all taxes required by applicable legal regulations.
2. The Seller reserves the right to change the prices of the Products presented in the Store, introduce new Products, withdraw Products, conduct promotions and give discounts, as well as temporarily offer Products free of charge. The above authorization does not affect Orders that were placed before the date of entry into force of any of the changes. Details and duration are always included in the description of the given Product.
3. The duration of each promotion is limited. Discounts and promotions do not stack.
4. The Customer may choose the following form of payment for the ordered Products: by electronic transfer – payable directly to the Seller’s account via the PayPal or Przelewy24 system.
5. In the case of electronic payments, the product will be sent after the transfer has been received and posted to the Seller’s bank account;
6. A fiscal receipt is issued for each Order, attached to the order.

 

 

§7 PRODUCT DELIVERY – COSTS, METHODS AND TIMES

1. The Product will be shipped within a maximum of 48 hours, usually from 1 to 3 business days from the moment the Order is accepted for execution.
2. The Customer can choose from the following delivery methods:
   • Courier delivery,
   • Parcel locker
3. Delivers are made within Poland and to countries from the drop-down list provided at the stage of entering the shipping address.
4. The order will be fulfilled to the shipping address indicated in the Order Form.
5. Delivers take place on business days, from Monday to Friday.
6. Delivery cost: courier PLN 16, parcel locker PLN 16, free shipping for orders over PLN 180. Cash on delivery PLN 25 (not included in the free shipping offer).
7. The shipping time of the Product is counted from the day the payment is credited to the Seller’s bank account.
8. The price shown in the Product description does not include the delivery fee. The delivery cost will be added to the total purchase price. The obligation to pay the delivery fee rests with the buyer, i.e. the customer or consumer.
9. Orders are fulfilled in the order in which they are received until the stock of Products is exhausted.
10. In the event that the goods covered by the order are unavailable in the warehouse, from the Store’s suppliers or for other reasons and the Customer’s order cannot be fulfilled, the Store will notify the Customer of this fact no later than 14 days from the date of conclusion of the agreement and will return the money paid. The notification will be sent to the email address provided by the customer.
11. The Customer undertakes to immediately pay the funds to the Seller’s bank account. In the event of failure to pay the funds to the Seller’s bank account within 3 business days from the date of placing the Order in the Store (excluding Saturdays, Sundays and other public holidays), the Order will be canceled.
12. It is assumed that the day of payment is the day the funds are credited to the Seller’s bank account.

 

 

§8 SERVICES PROVIDED ELECTRONICALLY

1. Through the Store, the Seller provides services to the Customer electronically.
2. The basic service provided electronically to the Customer by the Seller is enabling the Customer to conclude an agreement with the Seller electronically. This service is provided free of charge, as part of the price paid for placing an Order.
3. The Seller also provides the Customer with a service in the form of sending a newsletter, if the Customer has agreed to it. Details regarding sending the newsletter, subscribing, and unsubscribing from receiving it are described in the privacy policy.
4. The Seller also provides the Customer with a service consisting in registering and maintaining an Account and providing the Customer with access to the Account by logging in, if the Customer has decided to set up such an account. This service is provided to the Customer as part of the price paid for a given Product.
5. In order to set up an individual Account, the Customer should fill out the registration form and accept the Regulations, and then place an Order.
6. Information related to setting up an account and an activation link enabling setting a password will be sent to the e-mail address provided by the Customer. After clicking on it and setting an individual password, the Account is created and the Customer can use it.
7. Upon successful registration of the Account, the agreement for the provision of free electronic services is concluded for an indefinite period.
8. The Customer logs into the Account using an e-mail address or login and password. At any time, they can also generate a new password in the event of forgetting or losing the previous one.
9. In order to ensure the Customer’s safety and transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures to prevent the acquisition and modification of personal data by unauthorized persons.
10. The Seller takes actions to ensure fully correct operation. The Customer is entitled to inform the Seller of any irregularities or interruptions in the functioning of the Store.
11. It is prohibited to share the Customer’s Account data with third parties and to set up several Accounts by one User.
12. In the case of Customers who are Consumers, the Seller may terminate the agreement for the provision of electronic services and delete the Customer’s account or deprive the Customer of the right to place Orders at any time with a 14-day notice period, while maintaining the rights acquired by the Customer before the termination of the agreement.
13. In the case of Customers who are Consumers, the Seller may terminate the agreement for the provision of electronic services and delete the Customer’s account or deprive them of the right to place Orders, with immediate effect, for important reasons, in the event of a significant and gross violation by the Customer of the provisions of these Regulations, i.e. in particular if the Customer uses the Store and Account in a manner inconsistent with the provisions of the law or the provisions of the Regulations and contrary to good practices and the purpose of the Account and Store, in a manner that is burdensome for other Customers and for the Seller, copies the Seller’s Products and Services or makes them available to third parties without the Seller’s consent, provides the Seller with data that is inconsistent with the actual legal status, incorrect, inaccurate or infringes the rights of third parties, or violates or attempts to violate the technical security of the Store and Account in order to gain unauthorized access to its resources.
14. The Parties may also terminate the agreement for the provision of electronic services by mutual agreement at any time.
15. The Customer may terminate the agreement for the provision of electronic services at any time, with a 14-day notice period or immediately for important reasons.
16. As a result of the deletion of the Account by the Seller, the Customer loses access to all resources previously available on his Account.
17. In order to delete the Account, the Customer may delete the existing Account himself or contact the Seller electronically for this purpose.

§9 COMPLAINTS

1. The Seller is liable to the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, for non-compliance with the Sales Agreement of Products purchased by the Customer (warranty), as well as in accordance with the provisions of the Consumer Rights Act.
2. The Seller is obliged to deliver the Product free from hidden defects.
3. The Seller is liable to the Customer under the warranty for defects to the extent specified in the Civil Code, if the Product has a physical or legal defect.
4. The complaint should include data enabling the identification of the Customer (e.g. name and surname, correspondence address, e-mail address), the subject of the complaint (e.g. type and date of occurrence of the defect) and requests related to the complaint. In the event of receiving an incomplete complaint, the Seller will request the Customer to supplement it.
5. The complaint should be sent to the Seller’s e-mail address provided in these Regulations.
6. The Seller will respond to a complete complaint within 14 days of receiving the complaint and will inform the Customer about further proceedings via e-mail to the address of the person filing the complaint.
7. Seller will process the Customer’s personal data in order to consider the complaint.
8. The Customer may use the complaint form attached to these Regulations, and may also contact the Seller by phone to submit a complaint and obtain information on the process of its consideration.
9. In the case of a Customer who is a Consumer, the Seller shall bear the costs of the complaint, in particular the costs of delivering the Product to the Seller, as well as the costs of sending it back to the Customer by the Seller.

§10 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER

1. The Consumer has the right to withdraw from the contract within 30 days, without giving a reason, subject to paragraph 7.
2. The period for withdrawal from the contract begins:
   • from the moment the Consumer or a person indicated by him, other than the carrier, takes possession of the product,
   • from the moment the Consumer takes possession of the first product – in the case of its regular delivery for a specified period.
3. To exercise the right to withdraw from the contract, the Consumer must inform the Seller of their decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by e-mail or via the contact form available in the Store). In order to meet the deadline for withdrawal from the contract, it is sufficient for the Consumer to send information regarding the exercise of their right to withdraw from the Contract before the expiry of the deadline for withdrawal from the contract.
4. A sample content of the statement (form) on withdrawal from the contract is included in the annex to these regulations.
5. The Seller is obliged to immediately, no later than within 14 days of receiving the Consumer’s declaration of withdrawal from the contract, return to the Consumer all payments made by him, subject to paragraph 6 of this section.
6. The Seller shall return the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of return that does not involve any costs for him.
7. The right to withdraw from a distance contract does not apply to the Consumer in the case of a Product that is manufactured according to the Consumer’s specifications, which are clearly tailored to his individual needs, in accordance with 4 paragraphs 2-5 of these Regulations. The right to withdraw from a distance contract does not apply to the Consumer in the following cases:

• for the provision of a Service, if the entrepreneur has fully performed the service with the express consent of the consumer, who was informed before the commencement of the provision that after the entrepreneur has performed the service, he will lose the right to withdraw from the contract;
• for the provision of a service, in which the subject of the provision are items that, due to their nature, are inseparably connected with other items after delivery.

8. The Seller may withhold the refund until the Product is received or until proof of its return is provided, depending on which event occurs first.
9. If the Consumer has chosen a method of delivery of the Product other than the cheapest possible method of delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
10. The Consumer is obliged to return the Products to the Seller immediately, but no later than within 14 days from the date on which he withdrew from the Sales Agreement. The deadline is met if the Consumer sends the returned Product to the Seller’s address before the expiry of the 14-day period.
11. The Consumer is obliged to cover the direct costs of returning the item as a result of withdrawing from the agreement (costs of returning the Product to the Seller).
12. The Consumer is liable for the decrease in the value of the Product resulting from its use in a way that goes beyond what is necessary to determine the nature, characteristics and functionality of the Product.
13. In the event of issuing a correction invoice, the invoice will be issued by the Store at the time of refunding the money to the Customer’s account. The invoice will be sent to the Customer electronically to the email address provided when placing the Order, to which the Customer agrees.

§11 PROVISIONS REGARDING ENTREPRENEURS

1. The provisions of this paragraph apply to Customers of the Store who are Entrepreneurs.
2. In the case of the sale of the Product in trade between Entrepreneurs, pursuant to art. 558 § 1 of the Civil Code, the parties exclude the Store’s liability under the warranty for physical and legal defects of the item.
3. In the case of Customers who are not Consumers, the Seller may terminate the agreement for the provision of the service by electronic means consisting in maintaining the Customer’s account with immediate effect and without indicating the reasons by sending the Customer an appropriate statement, also electronically to the e-mail address provided by them for the registration of the Account. This does not give rise to any claims against the Seller.
4. The Seller has the right to withdraw from the agreement concluded with the Customer who is not a Consumer without giving a reason, within 14 calendar days from the date of its conclusion, by sending the Customer an appropriate statement, also electronically to the e-mail address provided by them for the registration of the Account. This does not give rise to any claims against the Seller.
5. In the event of sending the Product to the Customer via a carrier, the Customer who is an Entrepreneur is obliged to examine the shipment at the time and in the manner accepted for the given type of shipment. At the time of issuing the Product to the carrier, the benefits and burdens associated with the Product and the risk of its accidental loss or damage are transferred to the Entrepreneur. The Seller should immediately take steps to determine the carrier’s liability. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its issuance to the Entrepreneur and for delays in the transport of the shipment.
6. In relation to Customers who are Entrepreneurs, the Seller has the right to independently indicate and limit the available payment methods and require prepayment in whole or in part, regardless of the method of payment chosen by the Entrepreneur or the conclusion of the sales agreement.
7. The total liability of the Seller towards the Entrepreneur (Customer) is limited to the amount of the paid price of the Product and the delivery costs under the sales agreement and the placed Order. The Seller shall not be liable for lost profits towards the Entrepreneur.
8. Any disputes between the Seller and the Customer who is not a consumer within the meaning of Article 22¹ of the Civil Code shall be settled by the court having jurisdiction over the Seller’s registered office.

§12 PROVISIONS REGARDING ENTREPRENEURS WITH CONSUMER RIGHTS

1. An entrepreneur with consumer rights is an entrepreneur who makes purchases in the Store that are related to the business activity he conducts, but does not have a professional character for him, resulting in particular from the subject of the business activity he conducts based on the provisions on the Central Register and Information on Economic Activity, in accordance with art. 38a of the Act on Consumer Rights.
2. The entrepreneur referred to in the first paragraph of this section will be subject to the provisions of these regulations that apply to the Consumer, i.e., among others:
   • Services provided electronically
   • Withdrawal from the contract by the Consumer
   • Complaints and warranty, to the extent limited by art. 38a of the Act on Consumer Rights and art. 385/5, art. 556/4, art. 556/5 and art. 576/5 of the Civil Code. In the remaining scope, the provisions of the Regulations concerning Entrepreneurs shall apply.
3. An entrepreneur with consumer rights, accepting these regulations during the purchasing process and then exercising their rights specified in this paragraph, should complete the appropriate complaint or withdrawal form, and in particular the data confirming the circumstances confirming their status in accordance with art. 38a of the Consumer Rights Act or provide this information in another way.
4. The entrepreneur referred to in the above paragraph declares in the form sent to the Seller or in another way that the purchased Product/s, and thus the concluded sales agreement, are directly related to the business activity conducted by them, but they do not have a professional character for them, resulting in particular from the subject of the business activity conducted on the basis of the provisions on the Central Register and Information on Economic Activity, which they do as proof that they meet the conditions to be recognized as such an entrepreneur. The forms constitute annexes to these Regulations.

§13 INTELLECTUAL PROPERTY, LICENSE, COPYRIGHT

1. The products available in the Store constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, are subject to legal protection and constitute the intellectual property of the Seller.
2. By accepting these Regulations, the Customer acknowledges that all copyrights and all trademarks related to the Store belong to the Seller (or he has appropriate licenses) and are subject to legal protection, in particular the provisions referred to in the above paragraph.
3. In the event of the intention to use the Product in a manner inconsistent with the one indicated in these Regulations, the Customer is obliged to obtain the written consent of the Seller.
4. The Customer agrees to have their logo included in the Seller’s list of customers, thereby granting them a non-exclusive, royalty-free license, unlimited in time and territory, to use them for the purposes of the Seller’s business in the following fields of exploitation: recording by digital means in computer memory and on the Internet, reproducing by any technique, distributing them in the Store, on the Seller’s websites and in social media, publicly displaying them so that everyone can have access to them at a place and time of their choosing (including on the Internet), without the right to sub-license.

§14 PERSONAL DATA AND COOKIES

In accordance with art. 13 sec. 1 and sec. 2 of the GDPR (i.e. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Act of 10 May 2018 on the protection of personal data, I inform you that:

1. The administrator of the Customer’s personal data is Jan Oruba conducting business under the name of Jan Oruba “Centrum Fitoterapii” located in Poland, at Wola Łużańska 57, 38-322 Łużna, NIP: 9930691368, also referred to in the Regulations as the Seller. The Administrator independently performs the tasks of the Personal Data Protection Inspector. You can contact the Administrator using the following details:
   • e-mail: janoruba@centrumfitoterapii.pl
   • phone number: +48 661123992
   • in writing to the Administrator’s correspondence address.
2. The Customer’s personal data provided in the forms in the Store will be processed on the basis of an agreement concluded between the Customer and the Administrator, which is concluded as a result of accepting these Regulations, on the basis of art. 6 sec. 1 letter b of the GDPR (necessity to conclude and/or perform the agreement). This is necessary for the performance of this agreement (fulfillment of the Product order and creation of an Account) and then maintaining the Customer’s Account and Customer service related to the concluded agreement.
3. The Customer’s personal data may also be processed for the following purposes and on the following legal bases:
   • issuing an invoice and fulfilling other obligations arising from the provisions of tax law – on the basis of art. 6 sec. 1 letter c of the GDPR (obligation arising from the provisions of the law);
   • execution of payment transactions via an electronic payment operator – on the basis of art. 6 sec. 1 letter b GDPR (necessity to conclude and/or perform a contract);
   • considering complaints or claims – based on art. 6 sec. 1 letter b GDPR (necessity to conclude and/or perform a contract);
   • establishing, pursuing or defending against claims – based on art. 6 sec. 1 letter f) GDPR (legitimate interest of the administrator);
   • telephone contact in matters related to the provision of the service – based on art. 6 sec. 1 letter b GDPR (necessity to conclude and/or perform a contract);
   • storing unpaid orders – based on art. 6 sec. 1 letter f) GDPR (legitimate interest of the administrator);
   • creating registers and records related to GDPR – based on art. 6 sec. 1 letter c) GDPR (obligation resulting from legal provisions) and art. 6 sec. 1 letter f GDPR (legitimate interest of the administrator);
   • archival and evidentiary, for the purposes of securing information that may be used to demonstrate facts – based on art. 6 sec. 1 letter f) GDPR (legitimate interest of the administrator);
   • use of cookies on the website and subpages of the Store – based on art. 6 sec. 1 letter a) GDPR (consent);
   • for the purpose of direct marketing directed to the Customer – based on art. 6 sec. 1 letter f GDPR (legitimate interest of the administrator).
4. Providing personal data is voluntary, but necessary for purposes related to the implementation of the contract and the implementation of the legitimate interests of the Administrator. Failure to provide them will result in the conclusion and implementation of the Agreement being impossible.
5. The Customer’s personal data will be processed for the duration of the contract, as well as for the period of securing any claims in accordance with generally applicable legal provisions. They will then be deleted, unless the Customer decides to use the Administrator’s services and leaves them on a different basis and for the purpose indicated to him.
6. The Client’s personal data will be made available to other data recipients, such as, for example, services providing IT system maintenance and hosting services, an e-mail service provider, a mailing service provider (newsletter) or payment system, a law firm, subcontractors and contractors involved in the work of the online store, etc.
7. Due to the fact that the Administrator uses external providers of various services, e.g. Facebook and its subsidiaries, Google, Microsoft, etc., the Client’s data may be transferred to the United States of America (USA) in connection with their storage on American servers (in whole or in part). Google and Facebook apply the compliance mechanisms provided for by the GDPR (e.g. certificates) or standard contractual clauses. They will be transferred only to recipients who guarantee the highest protection and security of data, including: by:
   • cooperating with entities processing personal data in countries for which an appropriate decision of the European Commission has been issued,
   • using standard contractual clauses issued by the European Commission (as is the case with Google, for example),
   • using binding corporate rules approved by the relevant supervisory authority or those for which the Client has consented to the transfer of personal data.
8. The Client has the right to access the content of their data, their correction, rectification, deletion or restriction of processing, the right to object to processing, the right to transfer data, the right to request access to data, as well as the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office, if he considers that the processing of his data is inconsistent with the currently applicable legal provisions in the field of data protection. He also has the right to be forgotten if further processing is not provided for by the currently applicable legal provisions.
9. The Client also has the right to withdraw consent at any time, if he provided his personal data based on consent. Withdrawal of consent does not affect the processing of data, which was carried out on the basis of consent before its withdrawal.
10. The Client’s data will not be processed in an automated manner, including in the form of profiling within the meaning of the GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Client. In order to ensure the Customer’s safety and transfer of data in connection with the use of the Store, the Seller takes technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular measures to prevent the acquisition and modification of personal data by unauthorized persons.
11. Detailed principles of collecting, processing and storing personal data used to fulfill orders by the Store, as well as the cookie policy, are described in the Privacy Policy, which can be found in the Privacy Policy tab.

§15 OUT-OF-COURT DISPUTE RESOLUTION AND CLAIM SETTLEMENT BY THE CONSUMER

1. The Seller agrees to submit any disputes arising in connection with the concluded agreements for the delivery of the Product to mediation proceedings. Details will be specified by the parties to the conflict.
2. The Consumer has the option of using out-of-court complaint resolution and claim settlement methods. The Consumer has the option of, among other things:
   • applying to a permanent consumer arbitration court with a request to resolve the dispute arising from the concluded agreement,
   • applying to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings on the amicable settlement of the dispute between the Customer and the Seller,
   • using free assistance from the district (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers).
3. More detailed information on out-of-court methods of handling complaints and pursuing claims can be found on the website http://www.uokik.gov.pl and at the offices and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection or Voivodship Inspectorates of the Trade Inspection.
4. The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking out-of-court resolution of a dispute concerning contractual obligations arising from an online sales contract or a service contract.
5. The case may be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to this. In other cases, any disputes are submitted to competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

§16 FINAL PROVISION

1. Agreements concluded through the Online Store and the services provided are performed in Polish and based on the provisions of Polish law.
2. The Seller reserves the right to make changes to the Regulations only for important reasons, such as: changes in legal regulations, changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations, changes in technology. The new regulations enter into force on the date of publication on the Seller’s online platform on the subpage: Regulations.
3. Agreements concluded before the change of the Regulations shall be governed by the version of the Regulations in force on the date of conclusion of the Agreement.
4. In the event that any provision of these Regulations proves to be inconsistent with generally applicable legal provisions and violates the interests of consumers, the Seller declares the application of the indicated correct provision.
5. The settlement of any disputes between the Seller and the Customer, who is a consumer within the meaning of Article 221 of the Civil Code, shall be submitted to the competent courts in accordance with the relevant provisions of the Code of Civil Procedure.
6. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code, the Consumer Rights Act, the Act on the provision of services by electronic means, the Act on combating unfair competition, the Act on the protection of personal data and the General Data Protection Regulation (GDPR).

Link to the Privacy Policy: https://oruba.eu/privacy-policy

Link to these Terms and Conditions: https://oruba.eu/terms-and-conditions