TERMS AND CONDITIONS OF SALE

  1. Definitions
    1.  The terms used in these Regulations shall mean:
      1. Seller / Service Provider - Techcenter Krzysztof Furdak with headquarters in Stobierna nr 122,36-002 Jasionka, NIP 687-173-61-73, e-mail address: sklep@lillysstories.pl, telephone 603795814.
      2. Shop - online sales service by means of which it provides services electronically, including in particular the presentation of Goods, placing orders, concluding Distance Contracts, conducted by the Seller at the following Internet address: www.lillysstories.pl, www.lillysstories.com,www.lillysstories.pl, www.lillysstories.com, www.olejkidoswiec.com, www.olejkidoswiec.pl,www.kompozycjezapachowe.com.
      3. Goods - a movable item offered for sale by the Seller, which is the subject of a Contract between the Customer and the Seller.
      4. Consumer - a natural person making a legal transaction with a trader which is not directly related to his/her economic or professional activity.
      5. Entrepreneur on the rights of a consumer - a natural person running a sole proprietorship who concludes a Contract with another entrepreneur directly related to this business activity, but the Contract does not have a professional character for this person, resulting in particular from the subject of his/her business activity disclosed in the Central Register and Information on Business Activity.
      6. Customer - a natural person with full legal capacity, a legal person or an organisational unit that is not a legal person, to which specific provisions grant legal capacity, who intends to conclude or has concluded an agreement for the provision of electronic services or a Sales Agreement.
      7. Digital content - a file or files in digital form, not fixed on a durable medium.
      8. Lead Magnet - Digital Content (including the Newsletter) provided in exchange for the provision of personal data under the Lead Magnet Provision Agreement.
      9. Newsletter - Lead magnet, which is delivered on a continuous basis and consists of the free transmission of commercial, promotional and educational content by the Seller, under the terms and conditions set out in these Terms and Conditions.
      10. Distance Contract - Contract concluded with a Customer within an organised distance contracting system, through the Shop, without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the Contract.
      11. Regulations - these Regulations.
      12. Contract - a contract for the sale of Goods concluded between the Customer and the Seller via the Shop.
      13. Lead Magnet Delivery Agreement (also interchangeably used as LM Agreement) - Agreement for the delivery of Digital Content in exchange for personal data, the terms of which are described in the paragraph entitled "Lead Magnet", according to which the Seller delivers Lead Magnet to the customer in exchange for the customer providing personal data in the form of name and e-mail address.
      14. Business day - a weekday from Monday to Friday excluding public holidays.
      15. Civil Code - the Civil Code Act of 23 April 1964 (Journal of Laws 1964 no. 16, item 93 as amended).
      16. Act on the provision of services by electronic means - Act of 18 July 2002 on the provision of services by electronic means.
      17. Force majeure - is defined as an external event that is impossible to predict (which also includes the low probability of its occurrence in a given situation) and impossible to prevent (not so much the phenomenon itself, but its consequences), in particular fires, floods, earthquakes, volcanic eruptions, outbreaks of epidemics, as well as general strikes, riots, acts of war, terrorist acts, military coups. Also certain actions of state authorities, such as blockades of state borders or the imposition of export or import bans.
  2.  General provisions
    1. These Terms and Conditions set out in particular the terms and conditions for the use of the Shop, as well as the rights and obligations of the Seller and the Customers.
    2. The seller sells through the Shop at www.lillysstories.pl www.lillysstories.pl, www.lillysstories.com,www.lillysstories.pl, www.lillysstories.com, www.olejkidoswiec.com, www.olejkidoswiec.pl, www.kompozycjezapachowe.com.
    3. The seller sells on the territory of Poland, the countries of the European Union and North America and Canada.
    4. Customers may communicate with the Seller in writing, electronically or by telephone (contact details as in section 1.1.1 of these Terms and Conditions), with orders placed in accordance with the procedure provided for in section 5 of these Terms and Conditions. The Seller also allows contact through social channels such as the Facebook profile @Lilly's Stories, the Instagram profile @lillys_stories_candles and Whatsapp at telephone number +48603795814 The Seller responds to sent enquiries from Monday to Friday from 10.00 to 14.00.
    5. The Seller, declares that it is not in a position to ensure that the opinions about the Goods published on the shop's website or the shop's social media come exclusively from consumers who have actually purchased the Goods.
  3. Rules of use of the Shop
    1. Orders can be placed by the Customer for Goods after providing the necessary personal and address data to enable the order to be processed.
    2. In order to use the Shop, including browsing the range and placing orders for Goods, it is necessary to meet the minimum technical requirements, such as:
      1. a computer, laptop or other multimedia device connected to the internet
      2. Internet browser: Mozilla Firefox, Internet Explorer, Opera, Google Chrome, Safari, Microsoft Edge - updated to the latest versions
      3. an active electronic mail (e-mail) account
      4. enable cookies and Javascript in your web browser
      5. Recommended minimum screen resolution: 1024×768.
    3. In the event that the Customer uses computer equipment or software which does not meet the technical requirements listed in section 3.2. of the Terms and Conditions, the Service Provider does not guarantee the correct functioning of the Shop and stipulates that this may have a negative impact on the quality of the electronic services it provides.
    4. The Customer is obliged to use the Store in a manner consistent with applicable law and the provisions of these Terms and Conditions. In particular, he/she is obliged to:
      1. not to provide or transmit content which is prohibited by law, including, in particular, content which is offensive or vulgar, incites violence or other actions contrary to the law or good morals or which infringes personal rights and other rights of third parties,
      2. use any content on the Store solely for your own personal use,
      3. use the Shop in a way that is not onerous for other Customers and the Seller.
    5. If the Customer violates these Terms and Conditions, in particular by violating the provisions of section 3.4. of the Terms and Conditions, the Seller may deprive the Customer of the right to use the Store, as well as restrict access to part or all of it, with immediate effect.
    6. The information provided by the Customer in the course of order placement should be truthful, up-to-date and accurate. The Seller reserves the right to refuse to process an order in case the data provided makes it impossible to process the order, in particular prevents the proper delivery of the Goods. Before refusing the fulfilment, the Seller will try to contact the Customer in order to establish the data enabling the fulfilment of the order.
    7. The Seller has the right to organise occasional promotions, the terms and conditions of which will always be displayed on the Store's website. Promotions cannot be combined, unless the rules of a given promotion state otherwise.
  4. Electronic services.
    1. The Service Provider provides free of charge and voluntary services by electronic means, consisting of browsing the information posted in the Shop/on the Platform, providing a form to place an order for Goods, using the contact form, as well as creating an account and newsletter service.
    2. The order form service consists in enabling the Customers to place orders for the Goods offered by the Seller through the Shop, according to the procedure provided for in point 5. of the Regulations. The service is provided free of charge and has a one-time nature. The service is terminated immediately after the order is placed.
    3. The newsletter service makes it possible to subscribe to the newsletter by ticking the appropriate box on the Store's website. It is provided free of charge for an indefinite period of time. The customer, at any time and without giving any reason, has the possibility to unsubscribe from the newsletter by clicking on the unsubscribe link in the content of the received emails.
    4. The contact form service consists of sending a message to the Seller using a form placed on the Shop's website. Resignation from the above service is possible at any time and consists in stopping sending enquiries to the Seller.
    5. The account service consists of enabling the creation of an account in the Shop and its subsequent maintenance. It is provided free of charge for an indefinite period of time. The account stores the Customer's data and the history of orders placed by the Customer in the Store. The Customer logs into the account using his/her e-mail address and a password defined by him/her. The Customer may delete his/her account at any time, without giving any reason and without incurring any costs, by sending an appropriate request to the Service Provider in writing, or by e-mail.
    6. The services indicated in section 4.1. are provided by the Service Provider 24 hours a day, 7 days a week.
    7. The Service Provider makes every effort to ensure that the services provided are of the highest standard, but does not exclude the possibility of temporarily suspending the availability of the Shop, in particular in the event of the need to carry out maintenance, inspection, modernisation or expansion of the Shop.
    8. To the fullest extent permitted by law, the Service Provider shall not be liable for disruptions in the provision of electronic services, including interruptions in the operation of the Shop due to force majeure, unauthorised acts of third parties or the incompatibility of the Shop with the Customer's technical infrastructure.
    9. Complaints regarding the services provided electronically may be submitted in any form, to the contact details given in section 1.1.1 of the Terms and Conditions. In the complaint, the Client should provide his/her name, mailing address and the type and date of the irregularity related to the services provided by the Service Provider. Complaints will be considered by the Service Provider within 14 days.
  5. Placing orders
    1. The Customer may purchase Goods by placing an order. The Customer places an order via the Shop's website after providing the necessary personal and address details to enable the order to be processed.
    2. Orders can be placed 24 hours a day, 7 days a week.
    3. The Customer selects the Goods on sale at the time of placing the order, according to their description and price and specifying their quantity. The Customer completes the order by taking subsequent technical steps to place the order based on the messages displayed to him or her and the information available in the Store.
    4. During the ordering process, until the "Buy and pay" button is pressed, the Customer has the possibility to modify the order, in particular with regard to the selection of the Goods and their quantity, and has the possibility to enter a promotional code if the Seller has made one available in advance.
    5. After the Customer has entered all the necessary data, an order summary will be displayed. The order summary will contain information on: the subject of the order, the unit and total price of the ordered Goods and the payment method.
    6. In order to send an order, it is necessary to accept the content of the Terms and Conditions, provide personal data marked as mandatory and click on the "Buy and pay" button.
    7. The conclusion of the contract between the Customer and the Seller occurs when the Seller sends the order confirmation. This time is up to 24 hours. The products offered in the shop do not constitute an offer within the meaning of the Civil Code, but an invitation to conclude a contract within the meaning of Article 71 of the Civil Code.
    8. The Goods purchased by the Customer will be sent to the Customer at the address provided at the time of ordering.
    9. A bill or invoice is issued for each order. The invoice is delivered with the shipment. The invoice is sent electronically to the e-mail address indicated during the ordering process. Acceptance of the Terms and Conditions shall at the same time constitute consent to sending (making available) invoices in electronic form. By indicating the Customer's data for invoicing in the form of NIP number and sole proprietorship, the Customer expresses his/her willingness to conclude the Sales Agreement as an entrepreneur.
  6. Price
    1. The price of the Goods is quoted in Polish zloty and Euro and includes value added tax (gross price).
    2. The Seller reserves the right to make changes to the prices of the Goods on an ongoing basis. This entitlement does not affect the value of an order placed before the date of the price change.
    3. The Seller allows the total amount to be reduced by using the shopping cart functionality called "enter code" at the ordering stage. This coupon automatically settles the order value before the customer submits the "buy and pay" instruction.
    4. The retailer does not use an algorithm that adjusts prices based on automated decision-making.
  7. Payment and Order Processing
    1. Orders placed in the Shop can be paid for:
      1. in advance - paid directly to the Seller's bank account via PayPal (electronic transfer or payment by credit card: Visa, Mastercard, Maestro),
      2. in advance by traditional bank transfer to the Seller's bank account,
      3. in arrears - payment on delivery
    2. Completion of the order takes place within the time indicated in the email and is calculated from the moment the payment for the order is credited to the moment the order is sent to the Customer. An order is considered to be fulfilled when the order is sent for dispatch or prepared for collection in person by the Customer.
    3. The Seller is entitled to cancel the order if the Customer fails to make the full payment within 5 working days from the date of receiving the order confirmation by the Customer (concerning payment by traditional bank transfer). The cancellation of the order means that the Seller is released from the obligation to fulfil the order.
    4. The order completion time may be subject to change for reasons beyond the Seller's control. If it is not possible to complete the order within the time indicated when placing the order, the Seller shall immediately notify the Customer and indicate a new approximate order completion date. If the new date is not accepted by the Customer - he/she may withdraw from the Contract without incurring any costs.
    5. Settlement of payment card and e-transfer transactions is carried out through the Settlement Centre:
      1. 24. These services are provided by PayPro Spółka Akcyjna with its registered seat in Poznań at ul. Pastelowa 8, 60-198 Poznań.
      2. PayPal (Europe) S.à r.l. et Cie, S.C.A. with registered office at 22-24 Boulavard Royal, L-2449 Luxembourg
      3. BLIK. These services are provided by Polski Standard Płatności Sp. z o.o. with its registered office in Warsaw, ul. Czerniakowska 87A, 00-718 Warsaw.
  8. Delivery
    1. Delivery of the ordered Goods shall be by the shipping method chosen by the Customer and indicated during the ordering process. The delivery time is counted from the moment of sending the order to dispatch. The estimated time of dispatch of goods presented on the pages of the Internet Shop marked as available is 48 hours. The Seller shall make every effort to deliver the goods within the time indicated on the product card in the Internet Shop. If the goods cannot be delivered within the aforementioned time, the Buyer will be informed immediately.
    2. The ordered goods are delivered exclusively within the territory of the Republic of Poland and are sent to the address indicated by the Customer in the order form. Any exceptions for delivery abroad are agreed upon individually.
    3. The Customer is obliged to provide a correct and accurate address to which the Goods are to be delivered. In the event that the Customer provides an incorrect or inaccurate address, the Seller, to the fullest extent permitted by law, shall not be liable for any non-delivery or delay in delivery of the ordered Goods.
    4. If InPost 24/7 Parcel Machines are selected as the supplier, the delivery address will be the address of the parcel machine selected by the Customer when placing the order.
    5. The Seller allows the Goods to be collected in person by the Customer by prior arrangement with the Seller.
  9. Non-conformity of Goods.
    1. The Seller shall deliver Goods that are in conformity with the Contract. If the Goods are not in conformity with the Contract, the Seller shall be liable to the Consumer or Entrepreneur in accordance with consumer rights for bringing them into conformity with the Contract on the basis of the provisions of Chapter 5a of the Act on Consumer Rights.
    2. The Seller shall, for a period of two years from the delivery of the Goods to the Consumer or Entrepreneur on the rights of the Consumer, be liable for non-conformity of the Goods with the Contract. Non-compliance with the Contract occurs if:
      1. the description, type, quantity, quality, completeness and functionality of the Goods do not comply with the Contract,
      2. The Goods are not fit for a particular purpose for which the Consumer or Entrepreneur on the right of the Consumer, and which the Consumer or Entrepreneur on the right of the Consumer has communicated to the Seller at the latest at the time of the conclusion of the Contract and which the Seller has accepted,
      3. The Goods are not fit for the purpose for which Goods of this type are normally used,
      4. The Goods do not provide the durability and safety that can be expected for this type of Goods, or are not present in the quantity specified,
      5. The Goods have not been supplied with packaging, accessories and instructions which the Consumer or a Trader in the capacity of a Consumer may reasonably expect to be supplied,
      6. Merchandise does not correspond to the design or sample provided prior to purchase,
      7. the non-conformity of the Goods with the Contract is due to incorrect installation of the Goods if it was carried out by the Seller or under his responsibility, or the incorrect installation carried out by the Consumer or the Entrepreneur on the rights of the Consumer was due to errors in the instructions provided by the Seller.
    3. In the case of non-conformity of the Goods with the Contract, the Consumer or Entrepreneur with consumer rights has a claim against the Seller to bring the Goods into conformity with the Contract by repairing or replacing the Goods with new ones. The Seller may make a replacement when the Consumer or Entrepreneur with consumer rights demands a repair, or may make a repair when the Consumer or Entrepreneur with consumer rights demands a replacement, or refuse to bring the Goods into conformity with the Contract if bringing the Goods into conformity with the Contract in a manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would require excessive costs for the Seller.
    4. The Consumer or Entrepreneur with consumer rights may request a price reduction or withdraw from the Contract if:
      1. The Seller has refused to bring the Goods into conformity with the Contract in accordance with paragraph 3 sentence 2 above,
      2. The Seller has failed to bring the Goods into conformity with the Contract within a reasonable time or bringing them into conformity with the Contract would involve undue inconvenience for the Consumer or the Trader in the consumer's rights,
      3. The Seller has not taken back the Goods made available by the Consumer or Entrepreneur on the rights of the Consumer,
      4. The Goods have been installed before the Goods became incompatible with the Contract and the Seller has not dismantled the Goods, or has dismantled but not reinstalled them after repair or replacement, or has not had these carried out at its expense,
      5. the lack of conformity of the Goods with the Contract continues even though the Seller has tried to bring the Goods into conformity with the Contract,
      6. the non-conformity of the Goods with the Contract is such as to justify either immediate reduction in price or withdrawal from the Contract, without prior recourse to repair or replacement of the Goods,
      7. it is clear from the Seller's statement or the circumstances that he will not bring the Goods into conformity with the Contract within a reasonable time or without undue inconvenience for the Consumer or the Trader in the consumer's rights.
    5. The Consumer or Entrepreneur with consumer rights may not withdraw from the Contract if the lack of conformity of the Goods with the Contract is insignificant. The lack of conformity of the Goods with the Contract shall be presumed to be material.
    6. If the lack of conformity with the Contract relates only to some of the Goods supplied under the Contract, the Consumer or Entrepreneur in right of the Consumer may withdraw from the Contract only in respect of those Goods, or in respect of other Goods purchased together with the non-conforming Goods, if the Consumer or Entrepreneur in right of the Consumer cannot reasonably be expected to agree to retain only the Goods in conformity with the Contract.
    7. A complaint regarding non-compliance of the Goods with the Contract can be submitted in any form, to the contact details of the Seller, together with a description of the defect and proof of purchase. The Seller makes available on the pages of the Shop a sample complaint template that the Customer may use.
    8. In particular, a complaint should contain the following details: name, address, order ID, date of transaction, subject and reason for the complaint, bank account number and contact details.
    9. The Consumer or Entrepreneur on the rights of the consumer will be informed about the complaint resolution within 14 days counted from the day following the day of receipt of the information about the complaint by the Seller. The Consumer or Entrepreneur on the rights of the consumer will be notified about the resolution of the reported complaint to the e-mail address indicated by him when placing the order.
    10. The Seller shall reimburse the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 days of receiving the price reduction declaration. In the case of withdrawal from the Contract, if the Seller has not offered to collect the Goods from the Consumer or Entrepreneur on the rights of the Consumer himself, the Seller may withhold reimbursement until he has received the Goods back or provided proof of their return, whichever event occurs first.
  10. Right of withdrawal
    1. The Customer, being the Consumer and also the Entrepreneur on the rights of the Consumer, has the right to withdraw from the Contract within 14 days without giving any reason. The period for withdrawal from the Sales Contract shall start from the moment the Goods are taken into possession by the Consumer or a third party indicated by the Consumer, other than the Supplier.
    2. There is no right of withdrawal in relation to the Contract:
      1. when the product is custom-made to customer specifications
      2. the good is used
    3. The right of withdrawal shall not apply to persons conducting a business activity, including a professional activity, who, in the course and for the purpose of such activity, make a purchase from the Shop.
    4. A Consumer or Entrepreneur on the rights of a Consumer exercises the right to withdraw from the Contract by sending an appropriate statement in any form including, but not limited to, to the address of the Seller's registered office or by e-mail to: sklep@lillysstories.pl The Seller provides a model of withdrawal from the Contract on the pages of the Shop, which an entitled Customer may use.
    5. The Seller shall immediately send an acknowledgement of receipt of the notice of withdrawal to the e-mail address indicated by the Customer when placing the Order.
    6. In the event of withdrawal from the Contract, such Contract shall be deemed not to have been concluded and the parties shall be obliged to return to each other what they have mutually provided on the basis thereof.
    7. The Goods shall be sent back by the Consumer or Entrepreneur with consumer rights immediately. The cost of sending the Goods back to the Seller shall be borne by the Consumer or Entrepreneur on consumer rights.
    8. The Consumer and the Entrepreneur on the rights of the Consumer shall be liable for any diminution in the value of the Goods resulting from their use beyond what is necessary to ascertain the nature, characteristics and functioning of the Goods. The extent of this liability is determined by comparing the value of the Goods when new with the value of the Goods returned, calculated according to the degree of wear and tear.
    9. The Seller shall, not later than within 14 days from the date of receipt of the declaration of withdrawal from the Sales Contract, return all payments made, including the cost of delivery of the Goods, subject to point 10.11. of these Terms and Conditions. The Seller shall have the right to withhold reimbursement until it has received the Goods back or until it has provided proof of return, whichever event occurs first.
    10. The refund referred to above will be made using the same means of payment as those used in the original transaction.
    11. If the Customer exercising the right of withdrawal has chosen a method of delivery of the Goods other than the cheapest ordinary means of delivery offered by the Seller, the Seller shall not be obliged to reimburse the additional costs incurred by the Customer.
  11. Out-of-court complaint and redress procedures
    1. The Seller informs that the Customer, who is a Consumer, has the possibility to use the out-of-court settlement of claims in accordance with the Internet Dispute Resolution procedure developed by the European Commission available at: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
    2. The Seller agrees to submit any disputes arising in connection with the sale of the Goods to mediation proceedings. The details will be determined by the conflicting parties.
    3. The ODR platform is an online dispute resolution platform for disputes between consumers and traders at EU level, which is an interactive and multilingual website with a one-stop shop for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.
    4. A consumer may obtain free-of-charge assistance concerning his/her rights and in the case of a dispute between him/her and the seller, inter alia, by contacting a county (municipal) Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers), as well as by contacting a permanent amicable consumer court with a request to resolve the dispute. Information for consumers, including information on how to obtain assistance and information on entities authorised to handle disputes out of court (in particular Consumer Ombudsmen or Voivodship Inspectorates of Trade Inspection) is also available on the website of the President of the Office of Competition and Consumer Protection (uokik.gov.pl).
  12. Security of Personal Data
    1. The administrator of the personal data processed in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data shall be processed for the purposes, to the extent and on the basis of the principles indicated in the Privacy Policy.
    2. The provision of personal data is voluntary. Any person whose personal data is processed by the Vendor has the right to inspect its content and the right to update and correct it.
    3. The detailed rules for the collection, processing and storage of personal data used for the fulfilment of orders by the Seller are described in the privacy policy, which can be found at https://www.lillysstories.pl/polityka-prywatnosci/.
  13. Lead Magnets.
    1. The Seller shall make it possible to conclude Lead Magnet Supply Agreements under the terms and conditions regulated in this paragraph.
    2. For the purposes of this paragraph, Lead Magnet shall mean both free digital Content in the form of ebooks and digital Content in the form of Newsletters.
    3. The conclusion of the Lead Magnet Contract in the form of free ebooks, consists of the delivery of the free Digital Content as described and the subsequent delivery of the Newsletter, for an indefinite period of time until the LM Contract is terminated.
    4. The Seller delivers Lead Magnet immediately after the conclusion of the LM Contract, i.e. after providing personal data, accepting the checkbox and clicking the send button and then confirming the subscription subscription by double opt in. //// The Merchant provides the Lead Magnet immediately after the conclusion of the LM Agreement, i.e. after the personal data is provided, the checkbox is accepted and the send button is clicked, and then the Customer receives an email confirming Lead Magnet or Newsletter subscription. If the email from Lead Magnet or the email confirming the Newsletter sign-up does not arrive immediately after the sign-up, the Customer is asked to check the content of the SPAM and if there are technical problems, please contact the Vendor at sklep@lillysstories.pl.
    5. Lead Magnet in e-book form will be delivered as a .pdf that opens on computers, tablets and smartphones. Lead Magnet in the form of an email course will be delivered to the email address provided when signing up. Lead Magnet in the form of the XYZ Challenge requires a computer, tablet or smartphone. The newsletter will be delivered electronically in the form of an email to the email address provided when signing up. If a specific Lead Magnet requires special software to run smoothly, this will be indicated each time the Lead Magnet is described.
    6. The Vendor does not provide updates for Lead Magnets on the grounds that they are not necessary for Lead Magnet to comply with the LM Contract.
    7. The Customer may terminate the Lead Magnet Delivery Agreement at any time by clicking on the unsubscribe link in the body of the email. The personal data provided for the purpose of concluding the Lead Magnet Delivery Agreement will be processed for the duration of the Newsletter service and also for archiving purposes in order to be able to prove the fact that the Customer has concluded the LM Agreement in the past.
    8. If the Vendor has not delivered Lead Magnet, the Customer shall request the Vendor to deliver it. If the Vendor fails to deliver Lead Magnet immediately or within an additional period expressly agreed by the parties, the Customer may withdraw from the LM Contract. The Customer may also withdraw from this contract without calling for the delivery of Lead Magnet. Withdrawal from the Contract from the delivery of Lead Magnet shall be effected by sending the Vendor an appropriate statement.
    9. The Vendor is responsible for Lead Magnet's compliance with the LM Agreement according to the following rules:
      1. for Lead Magnet delivered in a one-off manner or in parts, at the time of delivery, i.e. when access to the Digital Content is enabled (downloading, providing a link with access to the platform/account, etc.), for a period of two years thereafter,
      2. in the case of Lead Magnet supplied continuously, for the entire period of Lead Magnet supply.
    10. If the Lead magnet does not comply with the LM Agreement, the Customer may request that it be brought into compliance with the LM Agreement.
    11. Lead Magnet's non-compliance with the LM Agreement occurs if:
      1. description, type, quantity, quality, completeness, functionality, compatibility, interoperability of Lead Magnet are not in compliance with the LM Agreement,
      2. Lead Magnet does not come in a specific quantity, does not provide the durability, continuity, security, functionality, compatibility, availability that is typical of the type of Lead Magnet available on the market and that the Customer can reasonably expect given the nature of Lead Magnet and the public assurances made by the Vendor,
      3. Lead Magnet is not useful for a specific purpose, which the Customer has informed the Vendor of at the latest at the time of concluding the Contract and which the Vendor has accepted,
      4. Lead Magnet is not suitable for the purpose for which digital Content of this kind is normally used, taking into account applicable laws, technical standards or good practice,
      5. Lead Magnet was not supplied with accessories and instructions that could reasonably be expected to be provided,
      6. Lead Magnet does not correspond with the design or sample made available to the Customer prior to the conclusion of the LM Contract.
    12. In accordance with the applicable regulations, a non-conformity with the LM Contract that has become apparent before the expiry of one year after delivery of Lead Magnet shall be presumed to have existed at the time of delivery. In the case of continuous delivery of Lead Magnet, if the non-conformity became apparent at the time at which, according to the LM Contract, it was to be delivered, the non-conformity with the LM Contract shall be presumed to have occurred at that time.
    13. The Customer has a duty to cooperate with the Seller, to a reasonable extent and using the least onerous technical means, to determine whether Lead Magnet's non-compliance with the LM Contract is due to the characteristics of the Customer's digital environment. In the absence of cooperation, the presumptions referred to in paragraph 12 above shall not apply.
    14. In the event of Lead Magnet's non-conformity with the LM Contract, the Customer shall have a claim against the Vendor to bring Lead Magnet into conformity with the LM Contract. The Vendor may refuse to bring Lead Magnet into conformity with the LM Contract if bringing Lead Magnet into conformity with the contract in the manner chosen by the Customer is impossible or would require excessive costs for the Vendor.
    15. The Vendor shall bring Lead Magnet into conformity with the LM Contract within a reasonable time from the time it is informed by the Customer of the non-conformity with the LM Contract and without undue inconvenience to the Customer, taking into account its nature and the purpose for which it is used. The costs of bringing Lead Magnet into compliance with the LM Contract shall be borne by the Seller.
    16. As the Lead Magnet Supply Contract is free of charge, the Customer may not demand a price reduction. Instead, he may withdraw from the Contract if:
      1. The Seller has refused to bring Lead Magnet into compliance with the LM Contract in accordance with paragraph 14 sentence 2 above,
      2. The Vendor has failed to bring Lead Magnet into conformity with the Contract within a reasonable time or bringing Lead Magnet into conformity with the LM Contract would involve undue inconvenience for the Customer,
      3. Lead Magnet's non-compliance with the LM Agreement continues despite the Vendor's attempts to bring it into compliance with the LM Agreement,
      4. Lead Magnet's non-compliance with the LM Contract is so material as to justify immediate withdrawal from the contract, without first exercising its claim to bring Lead Magnet into compliance with the LM Contract,
      5. it is clear from the Vendor's statement or circumstances that it will not bring Lead Magnet into conformity with the LM Contract within a reasonable time or without undue inconvenience to the Customer.
    17. A complaint regarding the non-compliance of the Lead magnet with the LM Contract can be made in any form to the contact details of the Seller.
    18. The Customer will be informed about the manner of resolving the complaint within 14 days counted from the day following the day of receipt of information about the complaint by the Seller. The Customer will be notified about the resolution of the reported complaint at the e-mail address provided by the Customer.
    19. For Lead Magnet in the form of a Newsletter, the Seller stipulates that in important cases such as changing the Newsletter strategy, improving it, adapting it to the current direction of the Seller's business, undertaking activities leading to an increase in the number of users, the Seller may make changes to the Newsletter. In such a case, the Vendor shall inform the Customer in a clear and comprehensible manner about the date and scope of the changes, to the email address indicated during the conclusion of the Lead Magnet Delivery Contract. If the change significantly and negatively affects the Customer's access to the Newsletter, the Customer may terminate the contract at any time with immediate effect by clicking on the "cancel subscription" link contained in the body of the email.
    20. For Lead Magnet that allows the Customer to produce, process, store or access digital data or to share digital data that has been uploaded or produced by the Customer or other users of such Lead Magnet, in the event of withdrawal from the LM Contract due to non-compliance of Lead Magnet with the contract, the Vendor shall not use data other than personal data provided or produced by the Customer in the course of using Lead Magnet, with the exception of content that:
      1. are only useful in connection with the digital content constituting that Lead Magnet and which formed the subject matter of the Lead Magnet Supply Agreement;
      2. relate solely to the Customer's activities during the use of Lead Magnet and which were the subject of the Lead Magnet Supply Agreement;
      3. have been linked by the vendor with other data and cannot be disconnected without undue difficulty;
      4. were created by the Customer together with other persons who can still use them.
    21. The Vendor shall make available to the Customer, at the Customer's request and at the Vendor's expense, within a reasonable time and in a commonly used machine-readable format, the content produced or provided by the Customer in the course of using Lead Magnet, other than personal data, with the exception of the content referred to in points a-c above.
    22. The Customer may terminate the Lead Magnet Supply Agreement at any time without notice. To do so, it is sufficient to make a statement to the Vendor (in any form to the Vendor's contact details) or click on the unsubscribe link located in the footer of each email sent within the Newsletter. The Vendor will terminate the Lead Magnet Supply Agreement without notice if the Customer does not show any activity related to the Newsletter, which is understood as not opening emails sent by the Vendor for more than 6 months. To this end, the Vendor shall, prior to giving such notice of termination, send an enquiry to the Customer about its wish to continue the Lead Magnet Supply Agreement. Failure to respond to such email or failure to open such email within 30 days of its sending shall result in termination of the LM Agreement by the Vendor with immediate effect.
  14. Final provisions.
    1. Contracts in the Shop are concluded in the Polish language.
    2. The Seller reserves the right to change or update these Terms and Conditions. The version of the Terms and Conditions in force on the date of the Customer's order shall apply to Contracts concluded before the change of the Terms and Conditions.
    3. Matters not covered by these Terms and Conditions shall be governed by the applicable provisions of Polish law, in particular the Civil Code, the Act on Provision of Electronic Services and other relevant provisions of universally applicable law.
    4. These Regulations are effective as of 01.01.2023.