Glossary

ADDRESSEE - the entity indicated by the Service Recipient as the proper one to receive the shipment.

DELIVERY - refers to the actual act of delivering the Goods specified in the order to the Buyer by the Seller, including through a Delivery Service Provider, or the collection of the Goods specified in the order from the Entrepreneur's premises by the Buyer.

DELIVERY SERVICE PROVIDER - an entity that, in agreement with the Seller, performs the Delivery of Goods to the Buyer, in particular a courier company, public operator, or parcel machine operator.

CONSUMER - a natural person who, according to Article 22(1) of the Civil Code, performs a legal act not directly related to their business or professional activity.

SHOPPING CART - a software program provided by the Seller on the ommua.eu website that allows for placing Orders.

BUYER - a consumer, entrepreneur, or entrepreneur with consumer rights who enters into a sales contract at the Online Store ommua.eu; the Buyer is also a Service Recipient.

ENTREPRENEUR - a natural person, legal person, or organizational unit without legal personality, who, according to Article 43(1) of the Civil Code, conducts business or professional activity in their own name in connection with legal acts, and performing legal acts directly related to their business or professional activity.

COMPLAINT - the process of seeking liability by a consumer, an entrepreneur with consumer rights, or an entrepreneur in connection with a determined lack of conformity of the Goods with the Sales Contract, based on the provisions of the Consumer Rights Act and the Civil Code (liability for defects).

SELLER - an entrepreneur conducting business OMMUA Izabella Zawadzka with its seat in Trzebnica, NIP. 9151826375, REGON. 525807041. The Seller is also a Service Provider.

GOODS - all products offered for sale in the online store ommua.eu.

SALES CONTRACT - a contract under which the Seller - an entrepreneur undertakes to transfer ownership of the item (Goods) to the Buyer and deliver the item to the Buyer, and the Buyer undertakes to collect the item (Goods) and pay the Seller the price, concluded without the simultaneous physical presence of the parties to the contract, using one or more means of distance communication until the conclusion of the contract.

SERVICE PROVIDER - an Entrepreneur operating the online store covered by these Regulations, i.e., OMMUA Izabella Zawadzka with its seat in Trzebnica, NIP. 9151826375, REGON. 525807041. The Service Provider may also be the Seller.

SERVICE RECIPIENT - a natural person, legal person, or organizational unit without legal personality, using the service provided by the Service Provider electronically; the Service Recipient may also be the Buyer.

ORDER - a statement of the Buyer's will with the aim of concluding a sales contract for the Goods by specifying the Goods, type, and quantity.

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§ 1. General Provisions and Use of the Online Store

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1. The Regulations specify the rules for using the online store ommua.eu operated by Izabella Zawadzka as an entrepreneur entered into CEIDG, for the sale of goods at a distance, as well as the rules for Service Recipients using the online store, placing orders for Goods, paying the sale price for products, delivering products, the Buyer's rights to withdraw from the contract, as well as the rules for submitting and handling complaints, and the method of making returns of products.

2. To browse the store's assortment and place orders for offered products, a computer or other device (smartphone, tablet) with access to the Internet and a web browser (e.g., Google Chrome, Mozilla Firefox) and an active email account are required.

3. Browsing the store's assortment does not require registration.

4. Placing an order for products available in the store's assortment may occur after registering an account by providing your email address, choosing a password, or without prior registration. To place an order, it is required to fill in the data form, specifying the customer’s first name, last name, delivery address, email address, and contract number. When placing an order, the customer accepts the store’s regulations, privacy policy, and may consent to receiving newsletters.

5. In the case of setting up a customer account, after registering in the Store, a registration confirmation will be sent to the email address provided during registration. Registration in the store and using its functionalities are free of charge. The Service Provider uses cookies to collect information related to the use of the online store by the Service Recipient to maintain the session of the logged-in Service Recipient and to conduct statistics of page views on the online store. The Service Recipient can delete or block cookies at any time using options available in their web browser.

6. The Service Recipient who has registered a customer account on the Service Provider’s website terminates the contract for providing electronic services by submitting a request for account deletion. The Service Provider removes the registered Customer Account and/or email address from the subscriber list without undue delay.

7. The store does not conduct wholesale sales of Goods, nor does it sell Goods intended for further resale.

8. The Seller may cancel an order placed by a Customer who is not a Consumer (i.e., withdraw from the Sales Contract within the meaning of Article 395 of the Civil Code) from the moment of concluding the Sales Contract up to 14 days from the day of Delivery of the Goods. Withdrawal from the Sales Contract in this case may occur without giving a reason, in particular, if the order indicates the acquisition of Goods for further resale. Withdrawal does not give rise to any claims by the non-Consumer Customer against the Seller.

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§ 2. Sales Conditions

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1. Information about products available in the store’s assortment constitutes an invitation to conclude a sales contract within the meaning of Article 71 of the Civil Code.

2. The subject of sale are new products free from defects, presented by the store at the time of placing the order by the Buyer.

3. All prices of goods in the online store are given in Polish zlotys (PLN) and are gross prices, i.e., including taxes, including VAT.

4. Prices of goods on the online store’s website do not include delivery costs, which depend on the chosen method of delivering the product to the Buyer, as well as the value and characteristics of the ordered product (e.g., its weight and size) and are provided when choosing the method of Delivery of the Goods by the Customer. The total cost of the order, including the price of products with delivery costs, is indicated in the cart before placing the order by the Customer. The Seller reserves the right to introduce promotions. Promotions in the store cannot be combined. A promotion may be applied by crossing out the previous price and placing the current one next to it or by providing the Customer with a promotional code to be entered during order processing after prior activation of “Order and Pay”.

5. To conclude a sales contract, it is necessary to:

   • place an order on the store’s website at ommua.eu through the shopping cart - the "add to cart" button;

   • confirm awareness that the order involves the obligation to make a payment by activating the “Order” button in the final step of the shopping cart;

   • enter the recipient’s details and address for the Delivery of the Goods, as well as a phone number where the Seller can contact the Buyer regarding the order;

   • enter invoice details if an invoice VAT is to be issued and sent to the Buyer. The Customer may consent to receiving invoices electronically; invoices will be sent to the email address indicated in the Customer’s account;

   • confirm the order by pressing the “Order and Pay” button;

   • pay for the order using one of the available payment methods: credit card or through payment systems Przelewy 24, PayPal. All payment procedures through Przelewy 24 or PayPal are determined by the operator; the operator is responsible for processing payments according to the agreement between the online store owner and the payment system provider. Orders placed in the store can only be paid in advance (before sending the ordered Goods). The Seller reserves the right to apply a special order placement procedure, where the Customer is required to pay a deposit as a condition for placing the order.

6. The Seller allows placing orders via email at info@ommua.eu.

7. Product photos are for illustrative purposes only and serve to present the Goods. In particular, colors and the structure of the Goods presented in photos may differ from the actual appearance of the Goods.

§ 3. Delivery

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1. The subject of the order will be delivered to the Customer within the territory of the Republic of Poland or outside the territory of the Republic of Poland to the address specified in the order.

2. If the Goods are subject to regulations resulting from the Act of March 19, 2004, Customs Law, any charges will be borne by the Buyer and do not constitute part of the Price. However, the formal obligations resulting from the aforementioned Act are the responsibility of both the Seller when shipping the Goods and the Customer when returning the Goods.

3. The effective placement of an order is only possible if the Goods selected by the Consumer are available in the Seller's warehouse. If the ordered Goods are unavailable, the Customer will be promptly informed of this fact and has the option – at their discretion – to either change the order in whole or in part or to cancel the order. The Customer will receive this information electronically, at the email address provided. In the case of order cancellation, the payment made by the Customer for the ordered Goods, which cannot be delivered, will be refunded by the Seller promptly, no later than 7 days from the day the Customer notifies the Seller of the cancellation.

4. The Buyer is required to provide a correct and accurate address to which the Goods are to be delivered. The place of performance of the obligation is the address provided by the Buyer as the delivery address for the ordered Goods.

5. At the time of delivery, the Seller will transfer physical possession or control of the Goods to the Buyer without undue delay, after concluding the contract, but no later than 14 days from the date of concluding the contract.

6. At the time of handing over the Goods, the Seller will provide the Buyer with a receipt in electronic form or with the shipment in paper form. At the Buyer’s request, the Seller will issue a VAT invoice in electronic (PDF) or paper form.

7. The expected delivery time for the Goods is 1 to 3 days from the day following the dispatch of the shipment, depending on the chosen delivery method. The total and maximum delivery time for the Goods cannot exceed 14 days.

8. The method and conditions of Delivery may vary depending on the weight of the ordered Goods, which the Buyer will be informed of during the ordering process. The delivery cost depends on the total price of the ordered Goods, the delivery method, and the payment method. The final cost of delivery is calculated at the initial stage of placing the order online (in the shopping cart). After the Goods are handed over to the courier, any damage should be documented with a damage report prepared according to the delivery operator's (courier company's) template.

9. The cost of delivery is borne by the Buyer

§ 4. Complaints

1. The Seller is liable to the Consumer for any non-conformity of the Goods with the Sales Contract existing at the time of delivery and revealed within two years from that moment, unless the shelf life of the Goods specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer.

2. The Goods are in conformity with the Sales Contract if, in particular, their:
  a) description, type, quantity, quality, completeness, and functionality are consistent with the Sales Contract, and in the case of Goods with digital elements – also compatibility, interoperability, and availability of updates;
  b) suitability for a particular purpose, which the Consumer informed the Seller of at the latest at the time of concluding the Sales Contract and which the Seller accepted.

3. Moreover, for the Goods to be considered in conformity with the Sales Contract, they must:
  a) be fit for the purposes for which goods of that kind are usually used, taking into account applicable laws, technical standards, or good practices;
  b) be available in the quantity and have the characteristics, including durability and safety, that are typical for goods of that kind and which the Consumer can reasonably expect, taking into account the nature of the Goods and any public assurance given by the Seller, their legal predecessors, or persons acting on their behalf, especially in advertising or on the label, unless the Seller proves that:
     - they were not aware of such public assurance and could not reasonably have known about it,
     - before concluding the Sales Contract, the public assurance was corrected in a manner and form that were the same as those in which the public assurance was given, or in a comparable manner,
     - the public assurance did not influence the Consumer’s decision to conclude the Sales Contract;
  c) be delivered with packaging, accessories, and instructions that the Consumer can reasonably expect;
  d) be of the same quality as a sample or model provided by the Seller to the Consumer before concluding the contract and correspond to the description of such a sample or model.

4. The Seller is not liable for non-conformity of the Goods with the Sales Contract to the extent referred to in paragraph 3, if the Consumer, at the latest at the time of concluding the Sales Contract, was explicitly informed that a particular feature of the Goods deviates from the requirements of conformity with the Contract as specified in paragraph 3 above, and explicitly and separately accepted the absence of a particular feature of the Goods.

5. The Seller is liable for non-conformity of the Goods with the Sales Contract resulting from improper installation of the Goods if:
  a) it was carried out by the Seller or on their responsibility;
  b) improper installation carried out by the Consumer resulted from errors in the instructions provided by the Seller or a third party (in the case of Goods with digital elements).

6. If the Goods are non-conforming to the Sales Contract, the Consumer may request repair or replacement.

7. The Seller may proceed with a replacement if the Consumer requests repair, or the Seller may proceed with a repair if the Consumer requests a replacement, and achieving conformity of the Goods with the Sales Contract in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If the impossibility or excessive costs apply to both repair and replacement, the Seller may refuse to bring the Goods into conformity with the Contract. In such a case, the Consumer may make a statement of price reduction or withdraw from the Contract. In assessing excessive costs for the Seller, all circumstances of the case are considered, especially the significance of the non-conformity of the Goods with the Sales Contract, the value of Goods in conformity with the Sales Contract, and the excessive inconvenience to the Consumer resulting from changing the method of bringing the Goods into conformity with the Sales Contract.

8. The Seller carries out the repair or replacement of the Goods within a reasonable time from the moment the Seller was informed by the Consumer of the non-conformity of the Goods with the Sales Contract.

9. The costs of repair or replacement of the Goods are borne by the Seller. The Consumer is obliged to make the Goods subject to repair or replacement available to the Seller for collection, which is done at the Seller’s expense.

10. If the Goods were installed before the non-conformity of the Goods with the Sales Contract became apparent, the Seller will dismantle the Goods and reinstall them after repair or replacement or commission these activities at their own expense.

11. The Consumer may make a statement of price reduction or withdraw from the contract if the Goods are non-conforming to the Sales Contract when:
  a. The Seller has refused to bring the Goods into conformity with the Sales Contract;
  b. The Seller has not brought the Goods into conformity with the Sales Contract;
  c. The non-conformity of the Goods with the contract persists despite the Seller’s attempts to bring the Goods into conformity with the Sales Contract;
  d. The non-conformity of the Goods with the contract is so significant that it justifies an immediate price reduction or withdrawal from the Sales Contract;
  e. The Seller’s statement or circumstances clearly indicate that they will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer.

12. The reduced price must be in proportion to the price resulting from the Sales Contract, in which the value of the non-conforming Goods relates to the value of the Goods in conformity with the Sales Contract. The refund resulting from exercising the right to a price reduction is made no later than 14 days from the day the Consumer’s statement of price reduction is received.

13. The Seller may refuse the Consumer’s statement of withdrawal from the Sales Contract if they demonstrate that the non-conformity of the Goods with the Sales Contract is insignificant.

14. In the case of withdrawal from the Sales Contract, the Consumer promptly returns the Goods to the Seller at the Seller’s expense. The Seller refunds the price no later than 14 days from the day of receiving the Goods or proof of their return.

15. Any complaints related to the Goods or the execution of the Contract should be submitted by the Consumer in the form of their choice (in writing, by email, or in person at the Seller’s premises). For notifications, the Consumer may use the form attached to the Regulations. The notification should at least specify: the name, surname, and address of the person making the complaint, the description of the complained Goods, in the scope appropriate for the specific type (e.g., name, manufacturer, color, size), proof of purchase of the complained Goods, a description of the non-conformity of the Goods, and the time when the defect was noticed, as well as, if applicable, the circumstances justifying the complaint.

16. The Seller is obliged to address the complaint within 14 days from the day the complaint is submitted.

17. Regardless of the complaint procedure, the Consumer has the right to access extrajudicial procedures for resolving complaints and remedies.

18. In the event of the Seller not accepting the complaint, the Consumer may request mediation or resolution from an arbitration court.

19. The provisions of the Regulations in the above scope also apply to an Entrepreneur with consumer rights.

§ 5. Withdrawal from the Contract

1. The Consumer has the right to withdraw from the Contract within 14 days without providing a reason.

2. The period for withdrawal from the Sales Contract begins for a Sales Contract under which the Seller delivers the Goods – from the moment the Consumer or a third party designated by them, other than the carrier, takes possession of the Goods, and in the case of a Sales Contract covering multiple Goods delivered separately, in batches, or in parts – from the moment the last Goods, batch, or part is taken into possession; for other contracts – from the day of their conclusion.

3. The Consumer’s statement of withdrawal from the Sales Contract does not require a specific form. It is sufficient to use the withdrawal form specified in the attachment to the Regulations or to make a clear statement of withdrawal. To meet the deadline, it is enough to send the statement before its expiry to the Seller’s email address info@ommua.eu.

4. In the case of withdrawal from the Sales Contract, the contract is considered not concluded.

5. If the Consumer has submitted a statement of withdrawal from the Sales Contract before the Seller accepted their offer, the offer ceases to be binding.

6. The Seller is obliged to immediately, but no later than 14 days from the day of receiving the Consumer’s statement of withdrawal from the Sales Contract, return all payments made by the Consumer, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until the Goods are received back or proof of the Goods' return is provided by the Consumer, depending on which event occurs first.

7. If the Consumer exercising the right of withdrawal from the Sales Contract chose a delivery method other than the cheapest standard delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for the additional costs incurred.

8. The Consumer is obliged to return the Goods to the Seller immediately, but no later than 14 days from the day on which they withdrew from the Sales Contract. To meet the deadline, it is sufficient to send the Goods back to the Seller before the end of this period.

9. In the case of withdrawal from the Sales Contract, the Consumer bears only the direct costs of returning the Goods.

10. The Consumer is liable for any reduction in the value of the Goods resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

11. The Seller refunds the payment using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund that does not incur any costs for them.

12. The right to withdraw from the Sales Contract does not apply to Contracts for the sale of audio or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery.

13. The right to withdraw from the Sales Contract does not apply to Contracts where the Goods are items that, due to their nature, are inseparably mixed with other items after delivery.

14. The right to withdraw from the Sales Contract does not apply to Contracts where the Goods are delivered in sealed packaging that cannot be returned for reasons of health protection or hygiene if the packaging has been opened after delivery.

15. The above provisions also apply to Entrepreneurs with consumer rights.

§ 6. Gift Cards

1. The Seller offers gift cards for sale.

2. Gift cards can be used as a payment method by entering the verification code. The amount on the card can reduce the price or cover it in full. After using part of the funds, the remaining amount can be used.

3. The gift card is loaded with the amount specified at the time of purchase. The Customer purchasing the gift card receives a purchase confirmation. Withdrawal from the purchase of a gift card is not possible after payment has been made. The terms of the sales contract and the order fulfillment process follow the conditions for purchasing Goods based on these regulations. Gift cards are issued as a verification code sent to the email address provided by the Customer, or to the specified delivery address if the Customer wishes to receive the card as a cardboard voucher packaged in an envelope with the verification code written on it.

4. If the purchase of Goods is made using the funds available on a gift card, the return of such purchased Goods is processed by returning the funds to a new gift card.

5. A gift card with a single verification code, after the funds have been used, cannot be reused.

§ 7. Personal Data Protection

Based on Article 13 of Regulation (EU) 2016/679 of the European Parliament and Council of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (OJ L 2016 No 119), (hereinafter referred to as "GDPR"), the Seller informs that: The Data Controller is Izabella Zawadzka, NIP 9151826375, REGON 525807041.

§ 8. Final Provisions

In matters not regulated by these Regulations, the provisions of the Civil Code, the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended), and the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended) shall apply.