Highlights of the regulations and our shop

We know that reading terms and conditions is not a passionate activity, so to make it easier for you to get to the most important information about our shop and the rules of use, we have prepared a summary of them.

The shop is owned by Centrum Językowe KONIK Magdalena Kopacz.
You can contact us by e-mail ecom.konikhair@gmail.com, by post 67-200 Głogów ul.Okrężna 35b or by telephone +48 737 387 902.
In order to make shopping in our shop more convenient, we encourage you to create an account, but it is not obligatory. Independently, you can delete your account at any time.
All information about the goods available in the shop, as well as possible payment and delivery methods, will be displayed on the screen of your device during the ordering process.
Once an order has been placed, it must be paid for (orders not paid for may be cancelled).
The purchased physical goods should reach you intact. If the package of goods is damaged, you should write a damage report and contact us immediately.
You can return your purchased physical goods without stating a reason within 14 days of delivery. We will reimburse you for the goods no later than 14 days from the day we receive the returned goods or proof of return.
If the delivered goods (physical or digital) do not comply with the contract in any way (e.g. are damaged or unusable) you can make a complaint about them. We will respond to your complaint within 14 days of receipt.
If you have problems with your account, you have the right to make a complaint about it (please do so by email). We will respond to your complaint within 14 days of receipt.
To enable you to use the shop and to process the orders you place, we process your personal data. You can find detailed information about this in our Privacy Policy: https://gummies.konikhair.eu/polityka-prywatnosci/.

The full terms and conditions of the shop can be found below.

If you have any questions or concerns about the terms and conditions or shopping in our shop, please contact us!

Enjoy your shopping!

TERMS AND CONDITIONS OF THE M&N KONIK WEBSHOP

Table of contents

General provisions 2

Definitions 2

Technical requirements 4

Rules of use of the Shop 4

Account Service Provision Agreement 5

Sales contract 6

Delivery of physical goods 7

Right of withdrawal from the sales contract 8

Complaints about physical goods 9

Contract for the supply of digital goods 11

Licence 12

Complaints about the Digital Product 13

Reviews 15

Seller's intellectual property 15

Processing of personal data 16

Out-of-court dispute resolution 16

Change of Account Service 16

Amendment of the Rules of Procedure 16

Final provisions 17

General provisions

These Rules of Procedure (hereinafter: "Regulations"), defines the terms and conditions for the use of the "M&N KONIK" online shop operating under the internet address https://gummies.konikhair.eu/ (hereinafter: "Shop").
The Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (hereinafter: "Act on Provision of Electronic Services").
The shop is the property of the sole proprietorship Centrum Językowe KONIK Magdalena Kopacz with registered office in Głogów (address: ul. Okrężna 35b), possessing the NIP: 6932012973, REGON number: 020847732, (hereinafter: "Seller").
Contact with the Seller is possible via:
1. email - at: ecom.konikhair@gmail.com;
2. by post - at the address: 67-200 Głogów ul. Okrężna 35b;
3. phone - on +48 737 387 902.
In the course of its business, the Seller:
1. sells physical Goods that can be purchased by Buyers;
2. supplies digital goods to buyers;
3. provides the Account Service to Users.
In accordance with the provisions of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act) (hereinafter: "DSA"), the Vendor has designated a point of contact for direct communication with EU Member State authorities, the European Commission, the Digital Services Board and Service Users on matters covered by the DSA regulation. The point of contact can be reached at the following email address: ecom.konikhair@gmail.com.
Information about the Goods available in the Shop, in particular their descriptions, technical and usable parameters as well as prices, constitute an invitation to conclude a Sales Contract or a Contract for the supply of Goods within the meaning of Article 71 of the Act of 23 April 1964 - the Civil Code (hereinafter: "Civil Code").
Before using the Shop, the Customer is obliged to read the Terms and Conditions and the Privacy Policy.

Definitions

Capitalised words used in the Regulations shall have the following meanings:

Working day - a day which is not a Saturday, Sunday or other public holiday within the meaning of the Act of 18 January 1951 on public holidays;
Customer - User or Buyer;
Civil Code - term as defined in § 1(6) of the Rules of Procedure;
Consumer - a natural person who makes a legal transaction with the Seller which is not directly connected with his/her economic or professional activity;
Account - a panel created in the Shop's IT system, enabling the User to use its functionalities, in particular to purchase Goods;
Buyer - a person who is a Consumer, an Entrepreneur or an Entrepreneur on the rights of a Consumer who has concluded a Sales Contract or a Contract for the supply of Digital Goods with a Seller or has taken steps to conclude them;
Licence - term as defined in § 11.1 of the Rules of Procedure;
Buyer's licence - term as defined in § 13.8 of the Rules and Regulations;
Incompatibility - it is understood:
1. non-conformity of the Physical Goods with the Sales Contract (the criteria for assessing the conformity of the Physical Goods with the Sales Contract are set out in Article 43b(1)-(2) of the Act on Consumer Rights) or
2. non-conformity of the Digital Subject Matter with the Contract for its provision (the criteria for assessing the conformity of the Digital Subject Matter with the Contract for its provision are set out in Article 43k(1)-(2) of the Consumer Rights Act);
Opinion - the Buyer's opinion of the Goods purchased by him, expressed by assigning points to the Goods on a scale determined by the Seller or by describing his experience with the Goods;
Privacy policy - document containing information on the processing of Customers' personal data by the Seller;
Subject of digital provision - Account Service or Digital Goods;
Entrepreneur - a natural person, a legal person, or an organisational unit without legal personality which is endowed with legal capacity by special regulations, who pursues commercial or professional activities on its own behalf;
Entrepreneur with Consumer Rights - a natural person who carries out a business or professional activity in his own name and who has concluded an Agreement with the Seller which is directly related to his business activity, but which does not have a professional character for this person, in particular resulting from the subject of his business activity;
Regulations - term as defined in § 1.1 of the Rules of Procedure;
Seller - term as defined in § 1.3 of the Rules of Procedure;
Merchandise - Physical Goods or Digital Goods;
Digital goods - digital content within the meaning of the Act on Consumer Rights, which may be purchased by the Buyer, in particular an electronic book (ebook), audio recording, audiovisual recording, graphics;
Physical goods - a movable item available in the Shop within the meaning of the Civil Code, which may be purchased by the Buyer.
Contract - Contract for the provision of the Account Service, Contract of Sale or Contract for the supply of Digital Goods;
Contract for the supply of digital goods - a contract for the supply of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to supply Digital Goods to the Buyer and the Buyer undertakes to pay the price to the Seller;
Agreement for the provision of the Account Service - contract for the provision of a digital service within the meaning of the Consumer Rights Act, on the basis of which the Seller undertakes to provide the Account Service to the User free of charge for an indefinite period of time and the User undertakes to provide the Seller with personal data;
Sales contract - sales contract within the meaning of the Civil Code, on the basis of which the Seller undertakes to transfer ownership of the Physical Goods to the Buyer and to deliver the Physical Goods to the Buyer, and the Buyer undertakes to take delivery of the Physical Goods and to pay the price to the Seller;
Account service - a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the User;
Consumer Rights Act - Act of 30 May 2014 on consumer rights;
Act on Provision of Electronic Services - term as defined in § 1(2) of the Rules of Procedure;
User - a person who is a Consumer, an Entrepreneur or an Entrepreneur on the rights of a Consumer, who has concluded an Agreement with the Seller for the provision of Account Services or has taken steps to conclude such an Agreement;
Order - term as defined in § 6.4 of the Rules of Procedure.

Technical requirements

In order for Customers to properly use the Shop, it is necessary to collectively:
1. Internet connection;
2. having equipment that allows the use of Internet resources;
3. the use of a web browser capable of displaying hypertext documents on the screen of the device, linked to the Internet via a web-based service and supporting the JavaScript programming language, and accepting cookies;
4. having an active e-mail account.
The use of viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools) by Customers is prohibited within the Shop.
The Seller informs that it uses cryptographic protection for electronic transfer and digital content by means of appropriate logical, organisational and technical measures, in particular to prevent access by third parties to the data, including by SSL encryption, use of passwords and anti-virus or anti-spyware programmes.
The Seller informs that despite the application of safeguards referred to in section 3 above, the use of the Internet and services provided by electronic means may be endangered by the access of third parties to the information and communication system and the Customer's device by harmful software or by gaining access to the data stored on this device. In order to minimise the aforementioned risk, the Seller recommends the use of anti-virus programmes or means of protecting identification on the Internet.

Rules of use of the Shop

The customer is obliged to use the Shop in a manner that is consistent with generally applicable law, the provisions of the Rules and Regulations, as well as with good manners.
The provision of unlawful content by the Customer is prohibited.
The prices of the Goods available in the Shop are expressed in Polish zloty (PLN) and are gross (they include all obligatory price components, including due VAT).
The Buyer may purchase Goods both after creating an Account and without creating an Account. If an Account has been created, the Buyer should log in to the Account before starting to purchase.
Where, as part of the same transaction. Buyer is simultaneously purchasing the Physical Goods and the Digital Goods:
1. The physical goods purchased by the Buyer constitute the subject matter of the Contract of Sale;
2. The Digital Goods purchased by the Buyer are the subject of the Digital Goods Supply Contract;
The provisions of paragraph 5 above shall apply mutatis mutandis to kits comprising one or more physical Goods and one or more digital Goods.

Agreement for the provision of the Account Service

In order to conclude the Agreement for the provision of the Account Service, the User shall perform the following steps:
1. go to the Shop's website and then click on the "create account" tab,
2. enter the following details in the form that appears:
  1. name;
  2. e-mail address;
  3. the password to the Account created by the User.
3. you must tick the checkbox next to the statement that you have read the Terms and Conditions and Privacy Policy and accept their provisions;
4. optionally, tick the checkbox next to the declaration of consent to receive the Newsletter;
5. click on the "create account" button.
By clicking on the "create account" button, the User is deemed to have concluded an Agreement to provide the Account Service.
The user gains access to the Account immediately after clicking on the "create account" button.
Once an Account has been created, the User may supplement the mandatory data stored therein with the following optional data:
1. telephone number;
2. residence/business address (street, house number, apartment number, town, postal code, country);
By means of the Account, the User may, in particular:
1. store your personal data;
2. to place Orders and to view the Orders placed;
The Vendor informs, and the User acknowledges, that maintaining the compliance of the Account Service with the Agreement for the provision of the Account Service does not require the User to install its updates.
In the event that the User is not granted access to the Account immediately after the conclusion of the Agreement for the provision of the Account Services, the User shall request the Seller to grant access to the Account immediately. The summons referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1, section 4, item 1 of the Terms of Use. If the Seller fails to grant the User access to the Account immediately after receiving the request referred to in the preceding sentence, the User may withdraw from the Agreement for provision of the Account Services.
Notwithstanding the provisions of paragraph 7 above, in the event that the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of the Account Service without calling upon the Seller to grant access to the Account if at least one of the cases indicated in Article 43j, paragraph 5 of the Consumer Rights Act applies.
Notwithstanding the provisions of paragraphs 7 to 8 above, the User may terminate the Agreement for the provision of the Account Services with immediate effect at any time and without giving reasons. Furthermore, pursuant to Art. 27 et seq. Consumer Rights Act, the User may withdraw from the Agreement for the provision of the Account Service without stating a reason within 14 (fourteen) days from the date of its conclusion.
Withdrawal from the Agreement for provision of the Account Services or its termination, regardless of the basis on which this action is performed, shall be performed by submitting to the Seller a statement of withdrawal from the Agreement for provision of the Account Services or its termination by the User. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms of Use. The Seller shall delete the Account immediately upon receipt of the declaration referred to in the preceding sentence.
In the case of the User's use of the Account in a manner contrary to the generally applicable law, the provisions of the Terms of Use or good morals, as well as provision by the User of content of an unlawful nature, the Seller may terminate the Agreement for provision of the Account Services with a notice period of 7 (seven) days, by submitting a notice of termination to the User via e-mail. After the expiry of the notice period indicated in the preceding sentence, the Account shall be permanently deleted. During the notice period, the Seller may block the User's access to the Account for a period not exceeding 7 (seven) days, if this is necessary to prevent the User from committing further infringements.
If the measure referred to in section 11 above is applied, the User against whom the measure has been applied may lodge an appeal in accordance with the principles described in § 13 of the Terms of Use.
The blocking or deletion of the Account shall not affect the performance of the Sales Contracts and Digital Goods Supply Contracts concluded by the User prior to the blocking or deletion of the Account.

Sales contract

In order to conclude the Sales Contract, the Buyer should perform the following steps:
1. visit the Shop's website;
2. enter the tab of the selected Physical Goods and click on the "add to cart" button;
3. go to the "shopping basket" tab and click on the "checkout" button;
4. enter or select the following data in the form that appears:
  1. name;
  2. e-mail address;
  3. telephone number;
  4. residence/business address (street, house number, apartment number, town, postal code, country);
  5. delivery address (if different from residence/business address);
  6. optionally, the company name and VAT number (if the Buyer is an Entrepreneur or an Entrepreneur on the rights of a Consumer);
  7. method of payment;
  8. method of delivery;
5. you must tick the checkbox next to the statement that you have read the Terms and Conditions and Privacy Policy and accept their provisions;
6. optionally, tick the checkbox next to the declaration of consent to receive the Newsletter;
7. click the "Go to payments", and then make payment for the Physical Goods in accordance with the selected payment method.
The Buyer may choose one of the following methods of delivery of the Physical Goods:
1. courier delivery;
2. delivery to an InPost parcel machine of your choice;
3. personal collection at the address: Głogów 67-200, ul.Okrężna 35b.
Payment of the price for the Physical Goods can be made by the Buyer:
1. by bank transfer to the Seller's bank account;
2. by transfer using the PayU payment system.
When the Buyer clicks on the "Buy and pay" button, he/she makes an offer to purchase the selected Goods (hereinafter: "Order").
Once the Order has been placed, the Buyer will receive a confirmation of the Order at the e-mail address provided by the Buyer.
If it is not possible to fulfil the Order, the Seller shall notify the Buyer thereof by means of a message sent to the e-mail address provided by the Buyer. In the case referred to in the preceding sentence, no Contract of Sale shall be concluded between the Seller and the Buyer. If the Order referred to in this section 6 has been previously paid for by the Buyer, the Seller shall immediately refund all payments made by the Buyer.
In the event of transfer of an Order for execution, the Seller shall notify the Buyer thereof by means of a message sent to the e-mail address provided by the Buyer. Upon receipt by the Buyer of the message referred to in the preceding sentence, a Sales Contract is concluded between the Seller and the Buyer.
If a submitted Order in relation to which the Buyer has chosen the option to pay for the physical Goods before delivery is not paid for within 2 (two) working days of its submission, the Seller shall be entitled to withdraw from the Contract of Sale and cancel the Order within 7 (seven) days of the ineffective expiry of the deadline for payment of the Order. Withdrawal from the Contract of Sale and cancellation of the Order shall be effected by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.

Delivery of physical goods

In case the Buyer has chosen the option to collect the Physical Goods in person, he/she may collect them at the address: Głogów 67-200, ul.Okrężna 35b within 7 (seven) days of receiving a message from the Seller confirming that the Physical Goods are ready for collection.
If the Buyer fails to collect the Physical Goods within the time limit specified in sec. 1 above, the Seller shall be entitled to cancel the Contract of Sale within 7 (seven) days from the date of ineffective expiry of the time limit for collection of the Physical Goods. Withdrawal from the Contract of Sale and cancellation of the Order shall take place by the Seller sending an appropriate statement to the e-mail address provided by the Buyer. If, prior to the Seller's cancellation of the Contract of Sale, the Buyer has made payment for the Physical Goods, the Seller shall return to the Buyer all payments made by the Buyer immediately after the cancellation of the Contract of Sale.
The Seller performs shipment of physical Goods to addresses located in the territory of the Republic of Poland/European Union/selected countries.
In the case of shipping physical Goods to countries outside the European Union, the Buyer shall bear the costs of customs fees. The Buyer can find the exact fees payable on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates of fees payable (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp?Lang=pl&redirectionDate=20110310).
The shipping costs of the Physical Goods shall be borne by the Buyer, who shall pay them at the same time as paying the price for the Physical Goods.
For orders over PLN 200, the shipping costs of the physical goods are covered by the Seller.
Dispatch of the Physical Goods shall take place within 1 (one) working day of:
1. payment for the Physical Goods is credited to the Seller's bank account - if the Buyer pays the price for the Physical Goods before delivery;
2. receipt by the Buyer of a message that the Order has been forwarded for fulfilment - if the Buyer has chosen the option to pay the price for the physical Goods on delivery.
The Seller shall deliver to the Buyer the physical Goods in accordance with the Sales Contract relating to them.
The physical goods delivered to the Buyer should be intact.
If the Physical Goods are delivered by a courier, the Buyer should inspect the Physical Goods in the courier's presence. If the package of the Physical Goods is damaged, the Buyer should write a damage report and contact the Seller.

Right of withdrawal from the sales contract

The provisions of this § 8 shall only apply to a Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer.
The Buyer shall have the right to withdraw from the Contract of Sale without giving any reason whatsoever within a period of 14 (fourteen) days from the date on which the physical Goods come into the possession of the Buyer or a third party not being a carrier designated by the Buyer.
The Buyer shall exercise the right of withdrawal from the Sales Contract by submitting a statement of withdrawal from the Sales Contract to the Seller (hereinafter: "Statement"). Sending the Declaration before the deadline referred to in paragraph 2 above shall suffice to meet the deadline for withdrawal from the Sales Contract.
The Declaration may be submitted by the Buyer in any form, in particular on the form attached as Appendix No. 2 to the Act on Consumer Rights. However, in order to facilitate the exercise of the right of withdrawal from the Sales Agreement, the Seller recommends submitting the Declaration in the manner indicated in paragraphs 5-8 below.
The Buyer may make a Statement in the form of:
1. electronic;
2. paper.
If the Buyer chooses to make the Declaration in electronic form, the Buyer should send a message containing the following by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions:
1. Buyer's name;
2. e-mail address;
3. mailing address;
4. an express declaration of withdrawal from the Sales Contract;
5. indication of the physical good to which the withdrawal from the Sales Contract applies;
6. Order number;
7. date of placing the Order;
8. PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur on the rights of a Consumer).
If the Buyer chooses to make the Declaration on paper, the Buyer should print and complete the form attached as Appendix 1 to the Terms and Conditions and then send it together with the Physical Goods to the address indicated in paragraph 10 below.
The Seller shall send the Buyer an acknowledgement of receipt of the Statement immediately upon receipt by e-mail.
In the case of exercising the right of withdrawal from the Sales Contract, the Buyer shall send back the Physical Goods to the Seller within 14 (fourteen) days from the date of withdrawal from the Sales Contract. It shall be sufficient to send back the Physical Goods before the deadline referred to in the preceding sentence.
The Goods should be sent back to the address:

KONIK Language Centre Magdalena Kopacz

Okrężna 35b

67-200 Głogów

tel. +48 737 387 902

The Buyer shall bear the direct costs of returning the Physical Goods.
Refund of payments made by the Buyer shall be made upon receipt by the Seller of the returned physical Goods or proof of their return by the Buyer, whichever occurs first. The payment shall be refunded using the same payment method used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The Buyer shall not bear the cost of returning the payment made.
The Buyer shall be liable for any diminution in the value of the Physical Goods resulting from the use of the Physical Goods in a manner other than that which was necessary to establish the nature, characteristics and functioning of the Physical Goods.
The Buyer shall not have the right to withdraw from the Sales Contract if:
1. A physical good is a non-refabricated item manufactured to the Buyer's specifications or to meet the Buyer's personalised needs;
2. A physical good is an item that is perishable or has a short shelf life;
3. A physical good is an item delivered in sealed packaging which cannot be returned unopened for health or hygiene reasons if the packaging has been opened after delivery;
4. A physical good is a thing which, once delivered, has, by its nature, become inseparable from other things;
5. A physical good is a sound or visual recording or a computer program delivered in sealed packaging if the packaging is opened after delivery.

Complaints about physical goods

Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty towards buyers who are Entrepreneurs is excluded. Further provisions of this § 9 apply exclusively:
1. Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer;
2. The non-conformity of the physical Goods with the Sales Contract.
The physical goods delivered to the Buyer by the Seller must comply with the Contract of Sale.
The Seller shall be liable for Non-Conformity existing at the time of delivery of the Physical Goods to the Buyer and discovered within 2 (two) years from that time, unless the shelf life of the Physical Goods is longer.
In the event of disclosure of Non-Conformity, the Buyer shall be entitled to the rights indicated in Article 43d et seq. Consumer Rights Act. The exercise of the Buyer's rights indicated in the preceding sentence shall take place in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
In the event of disclosure of Non-Compliance, the Buyer may lodge a complaint including a demand:
1. the repair of the physical goods or
2. replacement of physical goods.
The complaint shall be submitted by e-mail to the address indicated in § 1, section 4, item 1 of the Terms and Conditions.
The complaint should include:
1. Buyer's name;
2. e-mail address;
3. Order number;
4. the date of delivery of the physical goods;
5. description of the Non-conformity disclosed;
6. request for repair or replacement of the physical goods.
If the Seller receives a request:
1. repair of the physical Goods - the Seller shall be entitled to replace such physical Goods;
2. replacement of the physical Goods, the Seller shall be entitled to repair such physical Goods;

- if the method chosen by the Buyer to bring the physical Goods into conformity with the Sales Contract is impossible or would require the Seller to incur excessive costs.

If both replacement and repair of the Physical Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Physical Goods into conformity with the Sales Contract.
After considering the complaint, the Seller shall provide the Buyer with a response to the complaint in which:
1. acknowledges the complaint and indicates the planned date for fulfilling the buyer's request;
2. acknowledges the complaint and informs the Buyer that the Seller has exercised the right referred to in paragraph 8 above;
3. refuses to bring the Physical Goods into conformity with the Contract of Sale for the reasons set out in paragraph 9 above;
4. shall reject the complaint as unfounded.
The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
In the cases specified in par. 10.1-2 above, the Seller shall, at its own expense, bring the Physical Goods into conformity with the Sales Agreement within a reasonable time from the moment of complaint receipt and without undue inconvenience for the Buyer, taking into consideration the specific nature of the Physical Goods and the purpose for which the Buyer purchased them. The planned date for bringing the Physical Good into conformity with the Sales Contract shall be indicated by the Seller in the response to the complaint.
The Buyer shall make the Physical Goods subject to repair or replacement available to the Seller. The Seller shall collect the Physical Goods from the Buyer at its expense.
The buyer is not obliged to pay for the mere use of the physical Goods, which have subsequently been replaced.
In the event of disclosure of Nonconformity, the Buyer may submit a declaration to the Seller to reduce the price or withdraw from the Contract when:
1. The Seller has refused to bring the Physical Goods into conformity with the Sales Contract for the reasons set out in paragraph 9 above;
2. The Seller has failed to bring the Physical Goods into conformity with the Contract of Sale in accordance with paragraphs 12-13 above;
3. The non-conformity continues even though the Seller has tried to bring the physical Goods into conformity with the Sales Contract;
4. The non-conformity shall be such as to justify withdrawal from the Sales Contract without first requiring the Seller to bring the physical Goods into conformity with the Sales Contract;
5. it is clear from the Seller's statement or the circumstances that the Seller will not bring the physical Goods into conformity with the Sales Contract within a reasonable time or without undue inconvenience for the Buyer.
A declaration of price reduction or withdrawal from the Contract of Sale may be submitted by e-mail to the address indicated in § 1, section 4, item 1 of the Terms and Conditions.
The declaration of price reduction or withdrawal from the Sales Contract should include:
1. Buyer's name;
2. e-mail address;
3. Order number;
4. the date of delivery of the physical goods;
5. description of the Non-conformity disclosed;
6. an indication of the reason for the declaration, chosen from among those set out in paragraph 15 above;
7. a statement to reduce the price of the Physical Goods, together with an indication of the reduced price of the Physical Goods, or a statement to withdraw from the Sales Contract.
The reduced price must remain in such proportion to the price under the Contract of Sale as the value of the physical Goods not in conformity with the Contract of Sale remains to the value of the physical Goods in conformity with the Contract of Sale. The Seller shall refund to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 (fourteen) days from the date of receipt of the declaration on price reduction.
The Buyer may not withdraw from the Sales Contract if the Non-Conformity is immaterial.
In the event of withdrawal from the Contract of Sale, the Buyer shall immediately return the Physical Goods to the Seller at the Seller's expense. The return of the Physical Goods shall be made to the following address:

KONIK Language Centre Magdalena Kopacz

Okrężna 35b

67-200 Głogów

tel. +48 737 387 902

The Seller shall refund the price of the Physical Goods to the Buyer immediately, but no later than within 14 (fourteen) days of receipt of the Physical Goods or proof of their return, whichever occurs first. The price shall be refunded using the same method of payment used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund that does not incur any costs for the Buyer.

10.

Contract for the supply of digital goods

In order to conclude the Contract for the supply of Digital Goods, the Buyer should perform the following steps:
1. visit the Shop's website;
2. go to the tab of the selected Digital Goods and click on the "add to cart" button;
3. go to the "shopping basket" tab and click on the "checkout" button;
4. enter or select the following data in the form that appears:
  1. name;
  2. e-mail address;
  3. telephone number;
  4. residence/business address (street, house number, apartment number, town, postal code, country);
  5. optionally, the company name and VAT number (if the Buyer is an Entrepreneur or an Entrepreneur on the rights of a Consumer);
  6. method of payment.
5. you must tick the checkbox next to the statement that you have read the Terms and Conditions and Privacy Policy and accept their provisions;
6. obligatorily tick the checkbox next to the declaration of consent for the Seller to deliver the Digital Goods before the end of the period for withdrawal from the Contract for the Supply of Digital Goods;
7. optionally, tick the checkbox next to the declaration of consent to receive the Newsletter;
8. click on the "Buy and pay" button and then pay for the Digital Goods according to the chosen payment method.
Payment of the price for the Digital Goods can be made by the Buyer:
1. by bank transfer to the Seller's bank account;
2. by transfer using the PayU payment system;
The Buyer's payment for the Digital Goods shall constitute the Buyer's conclusion of the Contract for the supply of the Digital Goods.
The Seller shall deliver the Digital Goods to the Buyer by e-mail to the e-mail address provided by the Buyer.
The Seller shall deliver the Digital Goods to the Buyer immediately after the conclusion of the Contract for the supply of the Digital Goods.
The Seller informs and the Buyer acknowledges that the Digital Goods are not subject to updating.
If the Digital Goods are not delivered within the time limit specified in paragraph 5 above, the Buyer shall summon the Seller to deliver them. The summons referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Terms and Conditions. If the Seller fails to deliver the Digital Goods immediately upon receipt of the summons or within an additional period of time expressly agreed upon with the Buyer, the Buyer may withdraw from the Contract for delivery of the Digital Goods.
Withdrawal from the Contract for delivery of Digital Goods requires a declaration of withdrawal from the Seller by the Buyer. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions.
The Seller shall be obliged to refund the price of the Digital Goods paid by the Buyer immediately, but no later than within 14 (fourteen) days from the date of receipt of the Buyer's declaration of withdrawal from the Contract for the supply of Digital Goods. The price shall be reimbursed using the same method of payment used by the Buyer, unless the Buyer has expressly agreed to a different method of reimbursement that does not incur any costs for the Buyer.
The provisions of paragraphs 7-9 above do not apply to Purchasers who are Entrepreneurs.
Notwithstanding the provisions of Paragraphs 7-9 above, pursuant to Article 38 Paragraph 1 Point 13 of the Consumer Rights Act, a Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer shall not be entitled to withdraw from the Contract for the supply of Digital Goods referred to in Article 27 et seq. Consumer Rights Act.

11.

Licence

Upon payment by the Buyer for the Digital Goods, the Seller grants the Buyer a non-exclusive licence to use such Digital Goods on the terms and conditions set out in the Terms and Conditions (hereinafter: "Licence").
The licence is granted for an indefinite period.
The licence entitles the Buyer to use the Digital Goods exclusively in the following fields of exploitation:
1. storage on electronic devices belonging to the purchaser;
2. playing and viewing digital goods;
3. reproduction of the Digital Goods, but only to the extent justified by the Buyer's personal needs.
The Buyer may use the knowledge and instructions contained in the Digital Goods in his private life and for the purposes of his business. The licence, however, does not authorise the Buyer to make the Digital Merchandise available to any other persons, with the exception of cases of making the Digital Merchandise available on the basis of the provisions of Section 3 of the Act of 4 February 1994 on copyright and related rights on permitted use of protected works. Making the Digital Goods available to other persons, except for cases of permitted use of protected works, requires the prior consent of the Seller.
The licence does not entitle the purchaser to grant further licences.
The use of the Digital Goods by the Buyer in breach of the Licence constitutes an infringement of the Seller's author's economic rights, entitling the Seller (depending on the nature of the infringement) to take legal action against the Buyer.

12.

Complaints about the Digital Product

The provisions of this § 12 apply exclusively:
1. Customers being:
  1. Users or Purchasers, unless a specific provision of the Terms and Conditions applies to only one of these persons, and
  2. Consumers or Entrepreneurs in their capacity as Consumers;
2. Contracts for the provision of the Account Service and Contracts for the provision of Digital Goods, unless a specific provision of the Terms and Conditions applies to only one of these Contracts;
3. Non-compliance of the Account Service with the Agreement for the provision of the Account Service and Non-compliance of the Digital Goods with the Agreement for the provision of the Digital Goods.
The Digital Item supplied by the Seller to the Customer must be in accordance with the Agreement for its supply:
1. at the time of delivery, in the event that the Digital Object is delivered in one go or in parts;
2. for the entire duration of the supply of the Digital Subject Matter in question - where the Digital Subject Matter is supplied on a continuous basis.
The Seller shall be liable for Non-Compliance:
1. existing at the time of delivery of the Digital Product and discovered within 2 (two) years of that time - in the event that the Digital Product is delivered in one go or in parts;
2. disclosed during the period of delivery of the Digital Performance Item in question - in the event that the Digital Performance Item is delivered on a continuous basis.
In the event of a Non-Compliance, the Customer may submit a complaint requesting that the Digital Product be brought into conformity with the Agreement for its provision.
The complaint shall be submitted by e-mail to the address indicated in § 1, section 4, item 1 of the Terms and Conditions.
The complaint should include:
1. Customer's name;
2. e-mail address;
3. description of the Non-conformity disclosed;
4. a request to bring the Digital Product into conformity with the Agreement for its provision.
The Seller may refuse to bring the Digital Object into conformity with the Contract for its supply if this is impossible or would require the Seller to incur excessive costs.
After considering the complaint, the Seller shall provide the Customer with a response to the complaint in which:
1. acknowledges the complaint and indicates the planned date for bringing the Digital Object into conformity with the Agreement for its provision;
2. refuses to bring the Digital Subject Matter into conformity with the Delivery Agreement for the reasons set out in paragraph 7 above;
3. shall reject the complaint as unfounded.
The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
If the complaint is accepted, the Seller shall, at its own expense, bring the Digital Item into conformity with the Contract for its provision within a reasonable time from receipt of the complaint and without undue inconvenience for the Customer, taking into account the nature of the Digital Item and the purpose for which it is used. The planned date for bringing the Digital Product into conformity with the Contract for its provision shall be indicated by the Seller in its response to the complaint.
In the event of disclosure of Non-Compliance, subject to paragraph 14 below, the Customer may make a declaration to the Seller to either reduce the price or withdraw from the Contract when:
1. it is impossible or prohibitively expensive to bring the Digital Product into conformity with the Contract for its supply;
2. The Seller has failed to bring the Digital Subject Matter into conformity with the Contract for its supply in accordance with paragraph 10 above;
3. The non-conformity continues despite the fact that the Seller has attempted to bring the Digital Object into conformity with the Agreement for its supply;
4. The non-conformity shall be such as to justify cancellation of the Contract for the supply of the Digital Item without first requiring the Seller to bring the Digital Item into conformity with the Contract for its supply;
5. it is clear from the Seller's statement or from the circumstances that the Seller will not bring the Digital Object into conformity with the contract for its supply within a reasonable time or without undue inconvenience for the Customer.
Declarations of price reduction or withdrawal from the Contract may be made by e-mail to the address indicated in § 1.4.1 of the Terms and Conditions.
The statement of price reduction or withdrawal from the Contract should include:
1. Customer's name;
2. e-mail address;
3. the date of delivery of the Digital Object;
4. description of the Non-conformity disclosed;
5. an indication of the reason for the declaration, chosen from among those set out in paragraph 11 above;
6. a statement of price reduction, indicating the reduced price, or a statement of withdrawal from the Contract.
The Customer may not submit a price reduction declaration to the Seller if the Non-Compliance relates to the Account Service.
The Seller shall not be entitled to claim payment for the time during which the Digital Goods were not in conformity with the Digital Goods Supply Contract even if the Buyer has used the Digital Goods before withdrawing from the Digital Goods Supply Contract.
The reduced price must be in such proportion to the price under the Digital Goods Supply Contract as the value of the Digital Goods not in conformity with the Digital Goods Supply Contract remains to the value of the Digital Goods in conformity with the Digital Goods Supply Contract. The Seller shall reimburse to the Buyer the amounts due as a result of the exercise of the right to reduce the price immediately, but no later than within 14 (fourteen) days from the date of receipt of the price reduction declaration.
The Buyer may not withdraw from the Contract for the Supply of Digital Goods if the Non-Compliance is immaterial.
In the event that the User withdraws from the Agreement for the provision of Account Services, the Seller shall delete the Account immediately upon receipt of the statement of withdrawal from the Agreement for the provision of Account Services.
Pursuant to Article 34(1a) of the Consumer Rights Act, in the event that the Customer withdraws from the Agreement for the provision of a Digital Item, the Buyer is obliged to cease using the Digital Item and making it available to third parties.

13.

Reviews

A Buyer who has purchased Goods and used them in person may send the Seller an Opinion on the Goods.
The submission of an Opinion may be made by any means, in particular by filling in an electronic form made available in the Shop. At the same time as submitting an Opinion, the buyer must also declare that he or she has read and accepts these Terms and Conditions and the Privacy Policy (e.g. by ticking a box on the online form).
The Seller will publish the opinion on the Goods section after checking to ensure that it does not infringe these Terms of Use. This does not, however, preclude the removal of an Opinion that has already been published if it is found to be in breach of these Terms of Use after publication.
The seller is under no obligation to publish an opinion received.
It is prohibited to include in Opinions:
1. data which is untrue, contrary to the law, the Terms and Conditions or good morals;
2. content for carrying out activities prohibited by law, inciting violence, hatred or insulting any group of persons or person;
3. content that may infringe personal rights, copyright, rights of publicity or other rights of third parties;
4. advertising, promotional, political, religious or discriminatory content;
5. content that promotes activities that are in competition with the Seller.
Any person using the Store's website (hereinafter: "Submitted by") is entitled to report an Opinion that may breach the Rules.
Applications can be made as follows:
1. by e-mail to: ecom.konikhair@gmail.com
2. by telephone: +48 737 387 902
The submission of an Opinion should include the following information:
1. a sufficiently reasoned explanation of the reasons why a particular Opinion constitutes illegal content,
2. a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information to identify the Opinion, according to the type of the Opinion and the functionality of the Shop,
3. the name and e-mail address of the notifier, with the exception of a report relating to information believed to be related to one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU,
4. a statement confirming the Declarant's good faith belief that the information and allegations contained therein are correct and complete.
Upon receipt of a notification, the Seller shall send the Notifier an acknowledgement of its receipt to the email address indicated by the Notifier.
If the submission does not contain the elements specified in Section 8 above or contains errors, the Seller may request the Submitter to supplement or correct the submission within 14 days of receipt of the aforementioned request. If the Submitter fails to supplement or correct the submission within the period specified in the preceding sentence, the Seller may leave the submission unprocessed.
The Vendor shall verify the notified Opinion within 14 days of receipt of a complete and correct notification. As part of the review process, if necessary, the notifying party will be asked to provide additional information or documents. Pending review of the report, we may block visibility of the Opinion.
After verification of the Application, the Seller:
1. removes any opinion that violates the Terms of Use;
2. reinstates a non-infringing Opinion (if its visibility was blocked during the review of the Submission),

giving reasons for our decision.

In the event of deletion of an Opinion, the Seller shall immediately inform both the Submitter and the Buyer who published the deleted Opinion, stating the reasons for its decision.
The rationale for the Seller's decision includes:

an indication whether the decision includes the deletion of the Opinion, the blocking of its visibility, the deposition, or imposes any other measure provided for in the Rules in relation to that Opinion, and, where applicable, the territorial scope of the decision and its duration;
the facts and circumstances on the basis of which the decision was taken, including, where applicable, whether the decision was taken on the basis of a notification by the Notifier or on the basis of voluntary checks carried out on the Seller's initiative and, where absolutely necessary, the identity of the Notifier;
where applicable, information on the use of automated means in decision-making, including information on whether a decision has been taken in respect of Opinions detected or identified using automated tools;
if the decision concerns a potentially prohibited Opinion, an indication of the legal or contractual basis on which the decision is based and an explanation of the reasons why the Opinion is considered to be prohibited content on that basis;
clear and user-friendly information for the Buyer and the Notifier on their options to appeal the decision.

A Buyer whose Opinion has been removed or a Submitter who is refused removal of a submitted Opinion by the Seller may appeal against the Seller's decision.
An appeal can be lodged as follows:

by e-mail - to: ecom.konikhair@gmail.com
in writing, preferably by registered mail, to the following address: KONIK Language Centre Magdalena Kopacz, 67-200 Głogów, ul.Okrężna 35b.

The appeal should include:

the name of the appellant,
contact details (e-mail address, postal address),
a detailed statement of reasons why, in the appellant's opinion, the vendor's decision is wrong and should be amended.

The seller shall immediately acknowledge receipt of the cancellation by sending a notification to the e-mail address indicated by the appellant.
Appeals shall be processed within 14 days of receipt, by the Seller's authorised team (this action will not be carried out in an automated, non-human manner).
By submitting an Opinion, the user declares that he/she is the sole author of the Opinion. The buyer is responsible for the content of the Opinion and the consequences of its publication (including infringement of the personal rights and intellectual property rights of third parties).
By submitting an Opinion, the Buyer grants the Seller a royalty-free, non-exclusive licence to use it (hereinafter: "Buyer's licence").
The Buyer's licence is granted for an indefinite period (terminable two years in advance, effective at the end of the calendar year) and without territorial restrictions and covers the use of the Opinion in the following fields of exploitation:
1. recording and reproduction in any quantity, by any technique and in any format;
2. dissemination by any means, by any media, in particular by publication in the Shop and in the Seller's social media.
The Buyer's licence authorises the Seller to grant a further licence to any third party to use the Opinion. The further licence referred to in the preceding sentence may be granted by the Vendor against payment or free of charge.
The Buyer undertakes not to exercise his moral rights over the Opinion (including the right to attribute authorship of the Opinion and the right to supervise the use of the Opinion) and authorises the Seller to exercise these rights on the Buyer's behalf.

14.

Seller's intellectual property

All components of the Shop, in particular:
1. shop name;
2. the Shop logo;
3. photographs and descriptions of the Goods;
4. the operating principles of the Store's website, all its graphic elements, interface, software, source code and databases;

- are subject to legal protection under the provisions of the Act of 4 February 1994 on Copyright and Related Rights, the Act of 30 June 2000. - Industrial Property Law, the Act of 16 April 1993 on Combating Unfair Competition and other provisions of generally applicable law, including European Union law.

Any use of the Seller's intellectual property without the authorisation of the Terms and Conditions or the prior express permission of the Seller is prohibited.

15.

Processing of personal data

For information about the Vendor's processing of personal data, please refer to the Privacy Policy available at: https://gummies.konikhair.eu/polityka-prywatnosci/

16.

Out-of-court dispute resolution

The provisions of this § 16 apply exclusively to Customers who are Consumers.
The customer has the possibility to use out-of-court complaint and redress procedures.
Detailed information on the possibility for the Customer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the offices and on the websites:

district (city) consumer ombudsmen and social organisations whose statutory tasks include consumer protection;
Provincial Trade Inspection Inspectorates;
Office of Competition and Consumer Protection.

The customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.
The Seller informs that, unless such an obligation arises from mandatory provisions of law, it does not use out-of-court means of handling complaints and pursuing claims. Furthermore, the Seller shall not be obliged to use the ODR platform referred to in section 4 above.

17.

Change of Account Service

The Seller may change the Account Service in the event of:
1. the need to adapt the Account Service to newly developed devices or software used by Users to use the Account Service;
2. the Seller's decision to improve the Account Service by adding new functionalities or modifying existing functionalities;
3. legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
A change to the Account Service may not incur any costs on the part of the User.
The Seller shall inform Users of the change made to the Account Service by posting a message on the Account informing of the change. Independently, information about the change made may be sent to Users by e-mail.
If a change to the Account Service materially and adversely affects the User's access to the Account Service, the Seller shall inform the User of:
1. the nature and timing of the change, and
2. The User's right to terminate the Agreement for the provision of the Account Services with immediate effect within 30 (thirty) days of the change.
The Seller shall send the information referred to in section 4 above to the Users by e-mail no later than 7 (seven) days prior to the change.
The User's termination of the Agreement for the provision of the Account Services pursuant to subsection 4(2) above shall be effected by submitting a statement of termination of the Agreement for the provision of the Account Services to the Seller. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Terms of Use. The Seller shall delete the Account immediately after receiving the declaration referred to in the preceding sentence.

18.

Amendment of the Rules of Procedure

The Seller may amend the Terms and Conditions in the event of:
1. changes to the Seller's details;
2. a change in the Seller's object of business;
3. the commencement of new services by the Seller, modifications to services already being provided or discontinuation of such services;
4. make technical modifications to the Store that require the provisions of the Terms and Conditions to be adapted to them;
5. legal obligation to make changes, including the obligation to adapt the Rules to the current legal situation.
Customers will be informed of the change to the Terms and Conditions by the publication of its amended version on the Store's website. At the same time, the amended version of the Terms and Conditions will be sent to Users by e-mail.
Sales Contracts and Contracts for the Supply of Digital Goods concluded before the date of publication of the new Regulations on the website of the Store shall be governed by the provisions of the then applicable Regulations.
The User who does not agree with the change of the Terms and Conditions may terminate the Agreement for the provision of the Account Service with immediate effect within 7 (seven) days from the date of receipt of the amended version of the Terms and Conditions by e-mail. Failure to terminate shall be deemed to be acceptance of the amended Terms and Conditions.
The Agreement for the provision of the Account Services shall be terminated by the User's submission of a notice of termination of this Agreement to the Seller. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1.4.1 of the Terms of Use.
Immediately upon receipt of the declaration referred to in paragraph 5 above, the Seller shall delete the Account.

19.

Final provisions

These Terms and Conditions and the Contracts referred to therein shall be governed by Polish law. However, the choice of Polish law made in the preceding sentence shall not deprive the Consumer of the protection stemming from the provisions of foreign law, which cannot be excluded by way of agreement and which would be applicable in the absence of the choice of Polish law made in the preceding sentence.
Annex 1 - Declaration of withdrawal from the Sales Contract is part of the Terms and Conditions.
The current version of the Terms and Conditions is effective as of 13.07.2024.

Regulations