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Terms and Conditions

Terms and conditions of the Natalux.eu online shop

§ 1
GENERAL PROVISIONS

1 The natalux.co.uk shop operates according to the rules set out in these Terms and Conditions.

2. the Regulations specify the conditions for conclusion and termination of Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the natalux.pl shop, the principles of providing these services, the conditions for conclusion and termination of agreements on the provision of services electronically.

Each Customer is obliged to comply with the provisions of these Terms and Conditions as soon as they start using the Electronic Services of the natalux.com shop.

(4) In matters not covered by these Regulations, the provisions shall apply:

4.1. of the Act on Provision of Electronic Services of 18 July 2002 (Journal of Laws No. 144, item 1204 as amended),

4.2 Consumer Rights Act of 30 May 2014. (Journal of Laws 2014 item 827),

4.3 The Act on out-of-court settlement of consumer disputes of 23 September 2016. (Journal of Laws 2016 item 1823),

4.4 The Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended) and other relevant provisions of Polish law.

§ 2
DEFINITIONS CONTAINED IN THE RULES OF PROCEDURE

1. CONTACT FORM - form available on the natalux.co.uk website for sending a message to the Service Provider.

2. REGISTRATION FORM - the form available on the natalux.co.uk website for creating an Account.

3. ORDER FORM - the form available on the natalux.co.uk website for placing an Order.

4. CUSTOMER - Customer who intends to conclude or has concluded a Sales Contract with the Seller.

5. CONSUMER - a natural person who carries out a legal transaction with an entrepreneur which is not directly related to his/her commercial or professional activity.

6. ACCOUNT - a set of resources in the Service Provider's IT system, marked with an individual name (login) and password, in which the Customer's data is stored, including information on Orders placed.

7. PRODUCT - Digital Content available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.

8. REGULATIONS - these Shop Rules.

9. SHOP - Service provider's online shop at natalux.co.uk

10. SELLER, SERVICE PROVIDER - Natalia Sosna-Kudrys carrying out a business activity under the name PPHU „NATALUX” NATALIA SOSNA-KUDRYS entered in the Central Register and Information on Business Activity of the Republic of Poland conducted by the minister competent for economy, place of business and address for delivery: ul. Zielona 19, 42-311 Żarki-Letnisko, NIP: 5771830110, REGON: 240182587, electronic mail address (e-mail): kontakt@natalux.pl

11. SALES CONTRACT - Contract of Sale of a Product concluded between the Customer and the Seller via the Shop.

12. DIGITAL CONTENTS - data supplied by the Seller in digital form, which can be accessed by downloading to the Customer's device.

13. ELECTRONIC SERVICE - service provided electronically by the Service Provider to the Customer through the Shop.

14. USER - a natural person, a legal person or an organisational unit without legal personality, to which legal capacity is granted by an act, using an Electronic Service.

15. ORDER - the Customer's declaration of intent constituting an offer to conclude a Product Sales Agreement with the Seller.

§ 3
INFORMATION ON PRODUCTS AND THEIR ORDERING

The natalux.co.uk shop sells Products via the Internet.

(2) The products offered in the Store are new, free from physical and legal defects and have been legally introduced into the Polish market.

(3) The information on the Store's website does not constitute an offer within the meaning of the law. When placing an Order, the Customer makes an offer to purchase a specific Product under the conditions specified in its description.

(4) The Product price shown on the Store's website is given in Polish zloty (PLN) and includes all components, including VAT.

(5) The price of a Product displayed on the website of the Store is binding at the time the Customer places the Order. This price will not be changed, irrespective of price changes in the Shop that may occur for individual Products after the Customer has placed the Order.

6. Orders can be placed:

6.1 via the website using the Order Form (Shop natalux.co.uk) - 24 hours a day, all year round,

6.2 by email to: kontakt@natalux.pl,

6.3 by telephone on: +48 508 367 581.

(7) In order to place an Order, the Customer is required to register an Account with the Store.

(8) It is a condition of placing an Order in the Store that the Customer reads the Terms and Conditions and accepts them at the time of placing the Order.

§ 4
CONCLUSION OF THE SALES CONTRACT

The Seller provides a payment method which is payment by traditional bank transfer to the Seller's bank account.

In the case of payment by traditional bank transfer, the payment should be made to the following bank account number: 57 2490 0005 0000 4530 6326 5657 (Alior Bank SA) PPHU „NATALUX” NATALIA SOSNA-KUDRYS, ul. Zielona 19, 42-311 Żarki-Letnisko, NIP: 5771830110. In the transfer title, please write „Order No. ...”.

(3) The Customer is obliged to pay the price of the Sales Agreement within 3 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.

The product will only be dispatched once it has been paid for.

§ 5
METHODS OF PAYMENT

1 The Administrator's website uses „cookies”.

(2) The installation of cookies is necessary for the proper provision of services on the Shop website. Cookies contain the information necessary for the proper functioning of the website, and they also provide the possibility of developing general statistics on website visits.

3 The website uses two types of „cookies”: „session” and „permanent”.

3.1 „Session” cookies are temporary files which are stored on the Customer's terminal equipment until the Customer logs out (leaves the website).

3.2 „Permanent” cookies are stored on the Client's terminal equipment for the period of time specified in the parameters of the cookies or until they are deleted by the Client.

(4) The Administrator uses its own cookies to better understand how the Service Recipients interact with the content of the website. The cookies collect information about how the website is used by the Service Recipient, the type of website from which the Service Recipient was redirected and the number of visits and the time of the Service Recipient's visit to the website. This information does not record specific personal data about the Client, but is used to compile statistics about the use of the website.

5 The administrator uses external cookies to collect general and anonymous statistical data via Google Analytics analytical tools (external cookie administrator: Google Inc. based in the USA).

(6) Cookies may also be used by advertising networks, in particular the Google network, to display advertisements tailored to the manner in which the Customer uses the Shop. For this purpose, they may store information about the User's navigation path or time spent on a given page.

(7) The Customer has the right to decide on the access of „cookies” to his/her computer by selecting them in advance in his/her browser window. Detailed information on the possibility and methods of handling „cookies” is available in the settings of your software (browser).

§ 6
DATE AND METHOD OF DELIVERY OF THE PRODUCT

1. Digital Content not recorded on a permanent medium shall be sent to the e-mail address indicated by the Customer in the Order Form immediately after the funds paid for the Sales Agreement are credited to the Seller's account.

§ 7
PRODUCT COMPLAINT

1. warranty claim.

1.1 The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in §10 of the Terms and Conditions under warranty covering physical and legal defects are set out in the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93 as amended).

1.2 Notification of defects concerning the Product and the corresponding request can be made by e-mail to: kontakt@natalux.pl.

1.3 In the above-mentioned electronic message, as much information and circumstances concerning the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the handling of the complaint by the Seller.

1.4 The Seller shall respond to the Customer's request immediately, but no later than within 14 days of the complaint.

1.5 In the case of a complaint from a Customer who is a Consumer or an entity referred to in § 10 of the Terms and Conditions - failure to consider a complaint within 14 days of its submission is tantamount to accepting it.

1.6 The response to the complaint shall be provided on paper or on another durable medium e.g. email or SMS.

§ 8
RIGHT OF WITHDRAWAL

(1) Subject to point 4 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions, who has entered into a remote agreement, may withdraw from it without stating reasons by making a relevant statement within 14 days. Sending the declaration of withdrawal is sufficient to meet this deadline.

(2) In the event of withdrawal from the contract, the Sales Agreement shall be considered unconcluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions shall be obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the date on which he or she withdrew from the contract, unless the Seller offered to collect the Product himself. It is sufficient to send back the Product before the deadline.

(3) The fourteen-day period within which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract shall be calculated from the day on which the Consumer or the entity referred to in § 10 of the Terms and Conditions took possession of the Product, and in the case of a service from the date of conclusion of the contract.

(4) The right of withdrawal from a distance contract shall not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Contract:

4.1 in which the object of the performance is a non-refabricated item manufactured to the consumer's specifications or to meet the consumer's personalised needs,

4.2 in which the subject matter of the performance consists of items which are, by their nature, inseparable from other items after delivery,

4.3 where the subject of the performance is a service, if the Seller has performed the service in full with the express consent of the Consumer who has been informed before the performance starts that after the Seller's performance he will lose his right of withdrawal,

4.4 in which the subject matter of the service is sound or visual recordings or computer programs delivered in sealed packaging if the packaging has been opened after delivery,

4.5 for the supply of digital content which is not recorded on a tangible medium where performance has begun with the consumer's express consent before the end of the withdrawal period and after the trader has informed the consumer of the loss of the right of withdrawal.

(5) Both the Seller and the Customer shall have the right to withdraw from the Sales Contract if the other party to the contract fails to perform its obligation within a strictly defined period of time.

§ 9
BUSINESS PROVISIONS (B2B)

(1) This paragraph contains provisions which only apply to traders who are not covered by the protection of the Consumer Rights Act referred to in § 10 of the Terms and Conditions.

(2) The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 working days from the date of its conclusion. The withdrawal from the Sales Agreement in this case may take place without giving any reason and does not give rise to any claims on the part of the Customer who is not a Consumer against the Seller.

3. the Seller has the right to limit the payment methods available to non-consumers, including requiring prepayment of part or all of the sales price regardless of the payment method chosen by the Customer and the fact of concluding a Sales Agreement.

(4) The benefits and burdens associated with the Product and the risk of accidental loss of or damage to the Product shall pass to the Customer who is not a Consumer from the moment the Product is released by the Seller to the carrier. In such a case, the Seller shall not be liable for any loss, loss or damage to the Product occurring from the moment the Product is accepted for transport until it is handed over to the Customer, as well as for any delay in transporting the consignment.

(5) If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to examine the consignment at the time and in the manner usual for consignments of this type. If he finds that the Product has been damaged or defective during transport, he is obliged to perform all actions necessary to establish the carrier's liability.

(6) The Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating reasons by sending the Service Recipient who is not a Consumer a notice of termination.

§ 10
PROVISIONS CONCERNING TRADERS ON THE RIGHTS OF CONSUMERS

(1) A sole trader (this paragraph does not apply to commercial companies) is covered by the protection of the Consumer Rights Act, provided that the Sales Contract he concludes with the Seller is not of a professional nature.

(2) The business person referred to in subsection (1) of this section shall only be covered:

2.1. prohibited contractual terms - so-called abusive clauses,

2.2. liability under warranty for physical and legal defects of the Product, pursuant to § 7 of the Terms and Conditions,

2.3. the right to withdraw from a contract concluded at a distance, in accordance with § 8 of the Terms and Conditions.

(3) A trader referred to in subsection 1 of this section shall lose his rights under consumer protection if the Sales Agreement he has concluded with the Seller has a professional character, which is verified on the basis of the entry of that trader in the Central Register of Business Activity and Information of the Republic of Poland, in particular the Polish Classification of Business Activity codes indicated there.

(4) Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by district consumer ombudsmen as well as by the President of UOKiK.

§ 11
TYPE AND SCOPE OF ELECTRONIC SERVICES

(1) The Service Provider makes it possible through the Shop to use Electronic Services such as:

1.1. concluding Sale Contracts for the Product,

1.2. maintaining an Account in the Shop,

1.3. sending a message via the Contact Form.

(2) The provision of Electronic Services to Service Recipients in the Store shall take place under the terms and conditions set out in the Terms and Conditions.

(3) The Service Provider has the right to place advertising content on the Store's website. Such content is an integral part of the Shop and the materials presented therein.

§ 12
TERMS AND CONDITIONS FOR THE PROVISION AND CONCLUSION OF CONTRACTS FOR ELECTRONIC SERVICES

1. the Provision of Electronic Services specified in § 11.1 of the Regulations by the Service Provider is free of charge.

2 The period for which the contract is concluded:

2.1. the contract for the provision of the Electronic Service consisting in the possibility of placing an Order in the Shop is concluded for a definite period of time and is terminated at the moment of placing the Order or ceasing to place it by the Customer.

2.2. the contract for the provision of Electronic Services consisting of maintaining an Account in the Shop is concluded for an indefinite period of time.

2.3. the contract for the provision of an Electronic Service consisting of enabling the sending of a message to the Service Provider via the Contact Form shall be concluded for a fixed period of time and shall be terminated as soon as the message is sent or the Customer stops sending it.

3 Technical requirements necessary to work with the ICT system used by the Service Provider:

3.1. a computer (or mobile device) with internet access,

3.2. access to e-mail,

3.3. web browser,

3.4. enable Cookies and Javascript in your web browser.

(4) The Customer is obliged to use the Shop in a manner consistent with the law and good morals, taking into account respect for personal rights and intellectual property rights of third parties.

(5) The customer is obliged to enter factually correct data.

6 The Customer is prohibited from providing unlawful content.

§ 13
COMPLAINTS RELATING TO THE PROVISION OF ELECTRONIC SERVICES

(1) Complaints relating to the provision of Electronic Services via the Shop may be made by the Customer via e-mail to the following address: kontakt@natalux.pl

(2) In the aforementioned e-mail message, provide as much information and circumstances as possible about the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and expedite the handling of the complaint by the Service Provider.

(3) The Service Provider shall deal with the complaint immediately, but no later than within 14 days of the complaint.

(4) The Service Provider's response to a complaint shall be sent to the Client's e-mail address specified in the complaint notification or by other means specified by the Client.

§ 14
CONDITIONS FOR THE TERMINATION OF E-SERVICE CONTRACTS

1. termination of the contract for the provision of the Electronic Service:

1.1 An agreement for the provision of an Electronic Service of a continuous and indefinite nature (e.g. the operation of an Account) may be terminated.

1.2 The Service Recipient may terminate the contract with immediate effect and without indicating reasons by sending an appropriate statement by e-mail to: kontakt@natalux.pl

1.3 The Service Provider may terminate a contract for the provision of Electronic Services of a continuous and indefinite nature in the event that the Service Recipient violates the Terms and Conditions, in particular if he/she provides content of an unlawful nature, after an ineffective prior request to cease violations with the setting of an appropriate period of time. In such a case, the Agreement shall expire 7 days after the submission of the declaration of intent to terminate the Agreement (notice period).

1.4 Termination shall lead to the termination of the legal relationship with effect for the future.

(2) The Service Provider and the Customer may terminate the contract for the provision of Electronic Services at any time by mutual agreement.

§ 15
INTELLECTUAL PROPERTY

All content available on the website at natalux.pl is protected by copyright and (subject to § 15.3) is the property of Natalia Sosna-Kudrys carrying out her business under the name PPHU „NATALUX” NATALIA SOSNA-KUDRYS entered in the Central Register of Business Activity and Information of the Republic of Poland conducted by the competent minister for economy, place of business and address for delivery: ul. Zielona 19, 42-311 Żarki-Letnisko, NIP: 5771830110, REGON: 240182587. The Customer shall be fully liable for any damage caused to the Service Provider as a result of the use of any content of natalux.pl website, without the consent of the Service Provider.

Any use by anyone, without the express written consent of the Service Provider, of any of the elements comprising the content of the natalux.com website constitutes an infringement of the Service Provider's copyright and will result in civil and criminal liability.

(3) All trade names, Product names, company names and their logos used on the Shop website at natalux.co.uk belong to their respective owners and are used for identification purposes only. They may be registered trademarks. All materials, descriptions and pictures presented on the web site of the Shop at natalux.pl are used for information purposes.

§ 16
FINAL PROVISIONS

(1) Contracts concluded through the Shop are concluded in accordance with Polish law.

(2) In the event that any part of these Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision of the Terms and Conditions.

(3) Any disputes arising from Sales Agreements between the Shop and Consumers will be resolved in the first instance by negotiation, with the intention of settling the dispute amicably, taking into account the Act on out-of-court settlement of consumer disputes. However, if this would not be possible, or would be unsatisfactory to either party, disputes will be resolved by the competent common court, in accordance with point 4 of this paragraph.

4 Judicial settlement of disputes:

4.1 Any disputes arising between the Service Provider and the Customer (Client) who is also a Consumer or an entity referred to in §10 of the Terms and Conditions shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Journal of Laws No. 43, item 296 as amended).

4.2 Any disputes arising between the Service Provider and the Customer (Client), who is not at the same time a Consumer as referred to in §9 of the Terms and Conditions, shall be submitted to the court having jurisdiction over the seat of the Service Provider.

(5) A customer who is a Consumer also has the right to make use of out-of-court dispute resolution, in particular by submitting, at the end of the complaint procedure, a request for mediation or a request for the case to be considered by an arbitration court (the request can be downloaded from the following website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at Voivodship Inspectorates of Trade Inspection is available at: http://www.uokik.gov.pl/wazne_adresy.php#faq596. A consumer may also use the free assistance of a county (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection. Out-of-court settlement of claims after the complaint procedure is free of charge.

(6) In order to resolve a dispute amicably, a consumer may in particular submit a complaint via the ODR (Online Dispute Resolution) platform, available at: http://ec.europa.eu/consumers/odr/.

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