REGULATIONS OF THE ONLINE STORE
These Regulations define the general conditions, rules and manner of sale operated by the SkeenLab Online Store (hereinafter referred to as the Online Shop), available at www.skeenlab.com, maintained by Henryka Fortuniak, with registered office in Nochów, entered into the National Court Register by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, 9th Commercial Department of the National Court Register under KRS number 0000376174, with share capital of PLN 205,000.00, NIP number 5552097164, REGON 221162160.
Business days – means weekdays from Monday to Friday, excluding public holidays.
Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
Supplier – means an entity with which the Seller cooperates in the field of delivering the Goods:
a) a courier company;
b) InPost Paczkomaty Sp. z o.o. with its registered office in Krakow, providing delivery services and operating a post office system (Parcel Locker);
c) Poczta Polska S.A. with headquarters in Warsaw.
Password – means a string of letters, digits or other characters selected by the Customer during the Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
Client – means an entity for which services may be provided electronically or with which a Sales Agreement may be concluded in accordance with the Regulations and the law.
Consumer – means a natural person making a legal transaction with an entrepreneur not directly related to its business or professional activity.
Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has completed the Registration and the conclusion of a contract for the provision of the Customer Account Maintenance service.
Login – means an individual Customer identification, determined by him, consisting of a string of letters, digits or other characters, required together with the Password to set up a Customer Account in the Online Store.
Entrepreneur – means a natural person, a legal person or an organizational unit that is not a legal person, which the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
Regulations – means these regulations.
Registration – means actual activity performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
Seller – David Sp. z o.o. based in Nochów at ul. Gościnna 9, zip code 63-100, entered into the National Court Register by the District Court in Poznań – Nowe Miasto and Wilda in Poznań, IX Commercial Department of the National Court Register under KRS number 0000376174, with share capital PLN 205,000.00, NIP number 5552097164, REGON number 221162160.
Store Website – means the websites where the Seller runs the Online Store operating in the domain of skeenlab.com.
Goods – means the product presented by the Seller via the Online Store Website, which may be the subject of the Sales Agreement.
Permanent media – means a material or tool enabling the Customer or the Seller to store information personally addressed to him in a way that allows access to information in the future for a reasonable time for the purpose of this information and which allows the stored information to be restored unchanged.
Sales contract – means a sales contract concluded at a distance, on terms specified in the Regulations, between the Customer and the Seller.
2 General provisions and use of the Online Store
All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Online Store Website, as well as to patterns, forms, logos posted on the Store Website (except for logos and images presented on the Website) The Store, for the purpose of presenting goods, to which copyrights belong to third parties) belong to the Seller, and the use of them may only take place in a manner specified and in accordance with the Regulations and with the Seller’s consent expressed in writing.
The Seller uses the mechanism of “cookie” files, which when used by customers from the Store Website, are saved by the Seller’s server on the hard disk of the Customer’s end device. The use of “cookies” is aimed at correct operation of the Store Website on the end devices of customers. This mechanism does not destroy the client’s end device and does not cause any configuration changes in the client’s end devices or software installed on these devices. Each customer can disable the “cookies” mechanism in the web browser of his terminal device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store Website.
In order to place an order in the Online Store via the Online Store Website and in order to use the services provided electronically via the Online Store Website, it is necessary for the Customer to have an active e-mail account.
It is prohibited to provide the Customer with unlawful content and the Customer’s use of the Online Store, the Shop Website or free services provided by the Seller in a manner contrary to the law, morality or violating personal rights of third parties.
The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet. The seller never asks the customer to provide him with any form of password.
It is not allowed to use the resources and functions of the Online Store in order to conduct activities by the Customer that would violate the interests of the Seller.
In order to create a Customer Account, the Customer is obliged to make a free Registration.
Registration is not necessary to place an order in the Online Store.
In order to register, the Customer should complete the registration form made available by the Seller on the Shop Website and send the completed registration form electronically to the Seller by selecting the appropriate function contained in the registration form. During registration, the Customer sets an individual password.
The customer also has the option to register via his user account facebook.com. The creation of the Customer Account takes place through a dedicated redirection from the Online Store to the facebook.com website, where the Client is asked to provide the username and password that he has to the user account in facebook.com. After authorization on facebook.com, the Customer is redirected back to the Online Store where the Customer Account is created with a link to the user’s account on facebook.com. The username for facebook.com and its password are not registered and stored by the Seller.
The customer also has the option to register via his user account google.com. The creation of the Customer Account takes place through a dedicated redirection from the Online Store to the google.com website, where the Client is asked to provide the username and password he has to the user account at google.com. After authorization on google.com, the customer is redirected to the Online Store where the Customer Account is created with a link to the user’s account at google.com. The username for google.com and his password are not registered and stored by the Seller.
When filling out the registration form, the customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
During the Registration, the Customer may voluntarily agree to the processing of his personal data for marketing purposes by marking the appropriate field of the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer’s personal data, as well as about the known to the Seller or anticipated recipients of such data.
The Customer’s consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the provision of the Customer Account service by electronic means. Consent may be withdrawn at any time by submitting an appropriate Customer statement to the Seller. The statement may be sent, for example, to the address of the Seller via email.
After sending the completed registration form, the Customer will receive an e-mail without delay via e-mail
provided in the registration form, confirmation of Registration by the Seller. At this moment, an agreement is concluded for the provision of the Customer Account service by electronic means, and the Customer gains access to the Customer Account and changes made during the Registration of data.
The information contained on the Online Store Website does not constitute the Seller’s offer within the meaning of the Civil Code, but only the invitation of Customers to submit offers to conclude a Sales Agreement.
The Customer may place orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
The Customer placing an order through the Online Store Website completes the order by selecting the Goods he is interested in. Adding the Goods to the order is done by choosing the command “ADD TO THE CART” under the given Product presented on the Shop Website. The Customer after completing the entire order and indicating the method of Delivery and payment method in the BASKET, places the order by sending the order form to the Seller, selecting the “I BUY AND PAY” button on the Shop Website. Each time before the order is sent to the Seller, the Customer is informed of the total price for the selected Product and Delivery, as well as all additional costs which he is obliged to incur in connection with the Sale Agreement.
Placing an order is submitting an offer to the Seller by the Customer to conclude an Agreement for the sale of Goods being the subject of the order.
After placing an order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
Then, after confirming the placement of the order, the Seller sends information about the acceptance of the order to the address provided by the Customer. Information about the acceptance of the order for execution is a statement of the Seller about the acceptance of the offer referred to in §4 subpara. 4 above and upon its receipt by the Customer a Sales Agreement is concluded.
After the conclusion of the Sales Agreement, the Seller confirms to the Customer its terms, sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during the Registration or ordering.
The prices on the Shop Website placed at the given Product are gross prices and do not contain information on the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, which the Customer will be informed about when choosing the method of Delivery and placing the order.
The customer can choose the following payment methods for ordered Goods:
a) bank transfer to the Seller’s bank account (in this case, the implementation of the order will commence after the Seller sends the confirmation of the order receipt and after receipt of the funds to the Seller’s bank account);
b) a bank transfer via the PayU external payment system, operated by PayU S.A. based in Poznań (in this case, the implementation of the order will begin after confirmation of the order by the Seller and after receiving from the PayU system information on the successful completion of the payment);
The Customer is always informed by the Seller on the Shop Website about the deadline in which he is obliged to make the payment for the order in the amount resulting from the concluded Sales Agreement.
If the Customer fails to make the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make a payment and informs the Customer about it on a Durable medium. Information about the additional payment deadline also includes information that after the expiration of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second deadline for making the payment, the Seller shall send the Customer a Durable Record a statement on the withdrawal from the contract pursuant to Article. 491 of the Civil Code.
The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
The Seller places information on the number of Working Days needed for the Delivery and execution of the order on the Shop Website.
The date of Delivery and execution of the order indicated on the Shop Website is calculated in Working Days in accordance with §5 para. 2 of the Regulations.
The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
In the case of selecting InPost Paczkomaty Sp. z o.o. based in Krakow as the Supplier, the address of the Delivery will be the address of the parcel locker selected by the Customer at the time of ordering.
On the day of sending the Goods to the Customer, the Customer confirms the delivery of the parcel to the Customer’s e-mail address.
The customer is obliged to examine the delivered parcel in time and in the manner accepted for parcels of a given type. In the case of statements
ia loss or damage to the shipment The customer has the right to demand from the supplier’s employee to draw up the proper protocol.
The Seller, in accordance with the will of the Customer, joins the parcel that is the subject of the Delivery, or a VAT invoice covering the Goods delivered.
In the absence of the Customer at the address indicated by him, given when placing the order as the delivery address, the Supplier’s employee will leave a notice or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, by specifying the date and cost of the Delivery with the Customer again.
The Seller provides the Delivery of the Goods free from physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
If the Product has a defect, the Customer may:
a) submit a statement about price reduction or withdrawal from the Contract of sale, unless the Seller immediately and without undue inconvenience for the Customer exchanges the defective Product for a product free of defects or removes the defect.
This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may request the replacement of the Product free of defects, or instead of replacing the Goods, demand removal of the defect, unless it is impossible to bring things to comply with the contract in a manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect found is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
b) demand replacement of defective product with one free of defects or removal of defect. The Seller is obliged to replace the defective Product with a product free from defects or to remove the defect within a reasonable time without excessive inconvenience to the Customer.
The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Goods into conformity with the Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.
The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one that is free of defects expires after one year, but the date may not be terminated before the deadline specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration on the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods free from defects or remedying the defect, the deadline for withdrawal from the Contract of Sale or submitting a price reduction statement starts with the ineffective expiry of the deadline for replacing the Product or remedying the defect.
All complaints related to the Products or the implementation of the Contract of Sale may be directed by the Customer in writing to the Seller’s address.
The Seller within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or complaints related to the implementation of the Purchase Agreement notified by the Customer.
The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to firstname.lastname@example.org. In the complaint, the Customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.
The seller does not use out-of-court dispute resolution, referred to in the Act of 23 September 2016, out-of-court resolution of consumer disputes.
8 Withdrawal from the Sales Agreement
The Customer who is a Consumer who concluded the Sale Agreement may withdraw from it without giving any reason within 14 days.
The period for withdrawal from the Contract of Sale starts from the moment the Consumer takes possession of the Good.
The Consumer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This statement may be made, for example, in writing to the Seller’s address, via e-mail to the Seller’s address. The statement may be submitted on a form, the design of which was posted by the Seller on the Store Website at the following address: The withdrawal form. To comply with the deadline, it is enough to send a statement before it
The Consumer may withdraw from the Sales Agreement by submitting to the Seller a statement on the withdrawal via the form available on the website at the following address: Electronic withdrawal form. To meet the deadline, it is enough to send a statement before its expiry. The seller immediately confirms to the consumer receipt of the form submitted via the website.
In the event of withdrawal from the Sales Agreement, it is considered void.
If the Consumer submitted a statement on withdrawal from the Contract of Sale before the Seller accepted his offer, the offer ceases to be binding.
The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s statement on withdrawal from the Contract of Sale, return all payments made by him, including the cost of Delivery of the Good to the Consumer. The Seller may withhold reimbursement of payments received from the Consumer until receipt of the Goods back.
If the Consumer using the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest usual way of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer.
The consumer is obliged to return the Merchandise to the Seller immediately, but not later than within 14 days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline expires.
In the event of withdrawal, the Customer who is a Consumer bears only the direct cost of returning the Goods.
If due to its nature, the Product can not be returned by normal mail, the Seller informs the Consumer about the cost of returning items on the Shop Website.
The Consumer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
The Seller shall refund 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, which does not involve any costs for him.
The right to withdraw from the Sales Agreement is not payable to the Customer who is a consumer in relation to contracts in which the goods are delivered in a sealed package, which after opening the packaging can not be returned due to health protection or hygiene reasons, if the packaging was opened after delivery.
9 Free services
The Seller may provide free electronic services to Clients:
b) Running a Customer Account;
c) Posting opinions.
The services indicated in §9 para. 1 above are provided 7 days a week, 24 hours a day.
The Seller reserves the right to choose and change the type, form, time and method of granting access to selected services, which will inform the Customers in a manner appropriate to the change in the Regulations.
The Newsletter service can be used by any customer who enters his e-mail address using a registration form made available by the Seller on the Shop Website. After sending the completed registration form, the Customer will receive, immediately via email, the email address provided in the registration form, an activation link to confirm subscribing to the Newsletter. When the link is activated by the Customer, an agreement is concluded for the provision of the Newsletter service electronically.
The Customer may additionally during the Registration mark the appropriate field in the registration form in order to subscribe to the Newsletter service.
Newsletter service consists in sending by the Seller, to the email address, an electronic message containing information about new products or services in the Seller’s offer. The Newsletter is sent by the Seller to all Clients who have subscribed.
Each Newsletter addressed to the Clients concerned contains in particular: information about the sender, a completed “subject” field, specifying the content of the shipment and information about the possibility and method of withdrawal from the free Newsletter service.
The Customer may at any time opt out of receiving the Newsletter by unsubscribing from the subscription via the link provided in each e-mail sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account.
The Customer Account Service is available after registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel within the Online Store Website, enabling the Customer to modify the data he provided during the Registration, as well as tracking the status of orders and orders history already completed.
The Customer who has registered may submit a request to delete the Seller’s Customer Account, however, if the Customer requests the Customer’s account to be removed by the Seller, it may be deleted within 14 days of the request being made.
The Opinion Service service consists in allowing the Seller, Customers having a Customer Account, to publish on the Shop Website individual and subjective statements of the Customer regarding in particular the Goods.
Resignation of the service Posting opinions is possible at any time and consists in ceasing to post content by the customer on the Shop Website.
The Seller is entitled to block access to the Customer Account and free services, if the Customer acts to the detriment of the Seller or other Customers, violation of the provisions of law or provisions of the Regulations by the Customer, and when blocking access to the Customer Account and free services is justified by security reasons – in particular: the Customer breaking the security of the Store Website or other hacking activities. Blocking access to the Customer Account and free services for the aforementioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
10 Responsibility of the Client in the scope of content posted by him
By posting content and making it available, the Customer makes voluntary distribution of content. The published content does not express the views of the Seller and should not be equated with his activities. The seller is not a content provider but only an entity that provides adequate ICT resources for this purpose.
The customer declares that:
a) is entitled to use proprietary copyrights, industrial property rights and / or related rights to, respectively, works, industrial property rights (eg trademarks) and / or related rights subjects that make up the content;
b) placing and providing access to personal data, image and information related to third parties within the services referred to in §9 of the Regulations, in a legal, voluntary manner and with the consent of the persons concerned;
c) consents to the access to published content by other Customers and the Seller, as well as authorizes the Seller to use them free of charge in accordance with the provisions of these Regulations;
consent to the publication of works within the meaning of the Act on Copyright and Related Rights.
The customer is not entitled to:
a) posting, as part of using the services referred to in §9 of the Regulations, personal data of third parties and disseminating the image of third parties without the required permission or consent of a third party;
b) posting, as part of using the services referred to in §9 of the Regulations, advertising and / or promotional content.
The seller is liable for content posted by the customers, subject to receiving notification in accordance with §11 of the Regulations.
It is forbidden for Clients to post, as part of the use of the services referred to in §9 of the Regulations, content that could, in particular:
a) be placed in bad faith, eg with the intention of violating personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, trade secret or related to confidentiality obligations;
c) be offensive or threatened to other people, contain vocabulary that violates good morals (eg by using profanity or terms commonly considered offensive);
d) contradict the interest of the Seller;
e) otherwise violate the provisions of the Regulations, good customs, provisions of applicable law, social or moral norms.
If a notification is received in accordance with § 11 of the Regulations, the Seller reserves the right to modify or delete content posted by Customers as part of their use of the services referred to in §9 of the Regulations, in particular with respect to content for which on reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable law. The seller does not conduct ongoing control of the content posted.
The Customer agrees to the Seller’s free use of its content on the Online Store Website.
11 Reporting a threat or violation of rights
In the event that the Customer or other person or entity decides that the content published on the Shop Website violates their rights, personal rights, good manners, feelings, morals, beliefs, rules of fair competition, know-how, secrecy protected by law or on the basis of an undertaking , may notify the Seller of a potential violation.
The Seller notified about a potential infringement, takes immediate action to remove the content causing the violation from the Store Website.
12 Protection of personal data
13 Termination of the contract (not applicable to Contracts of sale)
Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to retaining the rights acquired by the other party before the termination of the above-mentioned. contract and provisions below.
The Customer who has completed the Registration terminates the contract for the provision of electronic services by sending to the Seller an appropriate declaration of intent, using any means of remote communication, enabling the Seller to read the Customer’s declaration of intent.
The seller terminates the contract for the provision of electronic services by sending the appropriate statement of will to the customer to the e-mail address provided by the customer during registration.
14 Final provisions
The Seller shall be liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in the event of deliberate damage and within the limits of actual losses by the Client being the Entrepreneur.
The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
In the event of a dispute arising out of the concluded Sales Agreement, the parties will endeavor to resolve the matter amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and pursuing claims. The rules of access to these procedures are available at the registered offices or websites of entities authorized to deal with disputes out of court. These may include, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, whose list is available on the website of the Office of Competition and Consumer Protection. The Seller informs that at http://ec.europa.eu/consumers/odr/ there is an online platform for the dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform).
The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Shop Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations on amendments to the Regulations by means of an e-mail message containing a reference to the text of the amended Regulations. In the event that the Customer does not accept the new contents of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of § 13 of the Regulations.
Regulations come into force on 01/07/2019