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Account regulations

at Clarena's Retail Store.

Provisions concerning Preferred Entrepreneurs apply to agreements concluded from January 1, 2021.

CONTENTS

§ 1 Definitions

§ 2 Contact with the Seller

§ 3 Technical requirements

§ 4 Account

§ 5 Complaints

§ 6 Personal data

§ 7 Reservations

§ 1 DEFINITIONS

Account - a free function of the Shop (service) regulated in these regulations, thanks to which the Customer can open his own individual Account in the Shop.

Customer - any entity purchasing in the Shop, having its habitual residence in the European Union.

Shop - Clarena online retail shop run by the Seller at https://www.e-clarena.eu/

Seller - "Popławska Group Spółka komandytowa" with its registered office at ul. Clareny 2, 51-361 Wilczyce, registered in the National Court Register (register of entrepreneurs kept by the District Court in Wrocław Fabryczna in Wrocław, IX Economic Department of the National Court Register) under KRS [National Court Register] 0000302611, NIP [Polish National Tax Identification Number]: 8961390845, REGON [Polish National Business Tax Identification Number]: 02010434000000.

Consumer - consumer within the meaning of the provisions of the Civil Code.

Preferred Buyer – Preferred Consumer or Entrepreneur.

Preferred Entrepreneur - natural person concluding an agreement with the Seller directly related to their business activity, but not having a professional nature for them (the definition applies to agreements concluded from January 1, 2021)

 

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Clareny 2, 51-361 Wilczyce, Poland
  2. E-mail address: sklep@e-clarena.eu
  3. Telephone: + 48 71 328-07-11 or + 48 71 722-03-37
  4. In the case of telephone calls, the basic tariff of the telecommunications operator used by the Customer, applicable to such calls, shall apply. The Seller notes that the cost of non-domestic calls may be higher than domestic calls, depending on the tariff of the operator used by the Customer.

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and establishment of an Account it is necessary:
  1. an active e-mail account,
  2. a device with Internet access,
  3. a web browser that supports JavaScript and cookies.
  1.  If you use solutions that block the display of advertisements on websites, the Store and Account may operate to a limited extent.

 

§ 4 OF THE ACCOUNT

  1. The opening of an Account is entirely voluntary and depends on the will of the Customer.
  2. The account gives the Customer additional possibilities, such as: browsing the history of orders placed by the Customer in the Shop, checking the status of the order or editing the Customer's data.
  3. In order to set up an Account, please fill in an appropriate form in the Store.
  4. At the moment of opening an Account, an agreement is concluded for an indefinite period of time between the Customer and the Seller with respect to maintaining the Account in accordance with the principles specified in the Regulations.
  5. The Customer may cancel the Account at any time without incurring any costs.
  6. In order to resign from the Account, you must send your resignation to the Seller to the e-mail address:
    sklep@e-clarena.eu, which shall result in immediate deletion of the Account and termination of the agreement with respect to the maintenance of the Account.

§ 5 COMPLAINTS

  1. Complaints concerning the functioning of the Account should be sent to the e-mail address: sklep@e-clarena.eu
  2. The complaint will be considered by the Seller within 14 days.

OUT-OF-COURT MEANS OF DEALING WITH COMPLAINTS AND PURSUIT OF CLAIMS

  1. In the event that the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others, the following services :
  1. The Commission shall be assisted by the relevant European Consumer Centre of the European Consumer Centres Network (ECC-Net). The centres inform consumers about their rights and help solve individual problems related to cross-border transactions.

Assistance from the Consumer Centres is generally free of charge.

You can find the list of centres in each country at the following address:
http://www.konsument.gov.pl/pl/eck-w-europie.html

  1. The ODR (Online Dispute Resolution) platform managed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.,
  1. Moreover, on the territory of the Republic of Poland there are such possibilities of support as
  1. Mediations conducted by the locally competent Voivodeship Inspectorate of Trade Inspection, to which a request for mediation should be made. As a rule, the procedure is free of charge. The list of Inspectorates can be found here:

https://www.uokik.gov.pl/wazne_adresy.php#faq595

  1. Assistance from a locally competent permanent amicable consumer court operating at the Voivodship Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at https://www.uokik.gov.pl/wazne_adresy.php#faq596
  2. Free assistance from the municipal or district consumer ombudsman.

§ 6 PERSONAL DATA

  1. The administrator of personal data provided by the Customer while using the Account is the Seller. Detailed information concerning the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as data recipients - can be found in the Privacy Policy available in the Shop - due to the principle of transparency, contained in the general regulation of the European Parliament and Council (EU) on data protection - "GDPR".
  2. The purpose of processing the Customer's data is to maintain an Account. The basis for personal data processing in this case is a service agreement or actions taken at the request of the Customer, aimed at its conclusion (Article 6(1)(b) GDPR), as well as the legally justified interest of the Seller, consisting in processing data in order to establish, enforce or defend possible claims (Article 6(1)(f) GDPR).
  3. The provision of data by the Customer is voluntary, but at the same time necessary to maintain an Account. Failure to provide data means that the Seller will not be able to provide the service of maintaining an Account.
  4. Customer data will be processed until:
    1. the possibility of pursuing claims by the Customer or the Seller related to the Account shall cease to exist;
    2. the Customer's objection to the processing of his personal data shall be accepted - in the event that the basis for data processing was a justified interest of the Seller

- depending on which is applicable in the given case and which will occur first

  1. The Customer has the right to request:
    1. to access his personal data,
    2. to amend his personal data
    3. the removal of his personal data
    4. to restrict the processing of his personal data,
    5. the transfer of the data to another administrator

as well as:

  1. to object at any time to the processing of data for reasons related to the Customer's specific situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on legitimate interests pursued by the data administrator).
  1. In order to exercise its rights, Customer should contact the Seller.
  2. In the event that the Customer considers that his data is being processed unlawfully, the Customer may lodge a complaint with the supervisory authority.

 

§ 7 RESERVATIONS

  1. It is forbidden for the Customer to provide illegal content.
  2. The agreement with respect to the maintenance of the Account shall be concluded in English.
  3. In the event of occurrence of important reasons referred to in clause 4, the Seller shall have the right to amend these Account Regulations.
  4. The important reasons referred to in paragraph 3 are, among others:
    1. the need to adjust the Store to the provisions of law applicable to the operations of the Store,
    2. activities aimed at improving the safety of the service provided,
    3. change of Account functionality requiring modification of Account Regulations.
  5. The Customer will be informed about the planned change to the Account Regulations at least 7 days before the change comes into force by e-mail sent to the address assigned to the Account.
  6. If the Customer does not express its acceptance of the planned change, it should inform the Seller thereof by sending an appropriate message to the Seller's e-mail address sklep@e-clarena.eu, which shall result in termination of the agreement with respect to maintaining the Account upon the entry into force of the planned change or earlier, if the Customer makes such a request.
  7. If the Customer does not object to the planned change until it comes into force, it is assumed that it accepts it, which does not constitute any obstacle to the termination of the agreement in the future.
  8. In case of a possible dispute with a Customer who is not a Preferred Buyer, the competent court shall be the court competent for the seat of the Seller.
  9. Contracts concluded on the basis of the Regulations shall be governed by the Polish law provided that the choice does not lead to deprivation of the Consumer or reduction of the protection granted to him on the basis of mandatory provisions which would be applicable if the choice of law had not been made - in such cases, the provisions more favourable to the Consumer shall apply.
  10. None of the provisions of these regulations excludes or in any way limits the rights of the Consumer resulting from the provisions of law.
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