Terms & Conditions

1. DEFINITIONS

The terms used in these Regulations mean:

1.1. PASSWORD – a sequence of alphanumeric characters necessary for authorization when accessing the Account, set independently by the Customer during the Registration process.

1.2. CUSTOMER – a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; a legal person or an organizational unit without legal personality, to which the law grants legal capacity and which intends to conclude or has concluded a Sales Agreement or an Agreement for the provision of Electronic Services.

1.3. CIVIL CODE – the Civil Code Act of 23 April 1964 (consolidated text: Journal of Laws of 2016, item 380, 585).

1.4. CONSUMER – a natural person who concludes a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity, a natural person who, when carrying out an activity related to his or her business or professional activity, also acts for a purpose unrelated to that activity and that purpose prevails.

1.5. ACCOUNT (CUSTOMER ACCOUNT) – a set of information stored in the Online Store and in the Seller's IT system regarding a given Customer and the Orders placed by him/her and the Sales Agreements concluded, agreements for the provision of services within Products other than Goods, through which the Customer may place Orders, conclude Sales Agreements, agreements for the provision of services within Products other than Goods.

1.6. PRODUCT – a movable item available in the Online Store that is the subject of the Sales Agreement between the Customer and the Seller.

1.7. REGULATIONS – these regulations of the Online Store.

1.8. REGISTRATION – a one-time action consisting in the creation of an Account by the Customer, performed using the registration form provided by the Seller on the Store's website.

1.9. ONLINE STORE (STORE) – the Seller’s online store available at miodywowka.pl through which the Customer may conclude a Sales Agreement.

1.10. SELLER – FHU BOHDAN KALYNOWSKY, ul. Józefa Piłsudskiego 6b lok. 8, 05-600 Grójec, Polska, RESTEQ, NIP 9522231045, REGON 522861146, e-mail address: support@resteq.eu, telephone number: +48451576341.

1.11. PARTY – Seller or Customer.

1.12. SALES AGREEMENT (AGREEMENT) – a Product sales agreement within the meaning of the Civil Code, concluded at a distance, i.e. via the Online Store, between the Buyer and the Seller within the meaning of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827). Delivery by the Seller to the Customer (after the Customer places an Order in the Online Store). The provisions of the Regulations, as well as the Privacy Policy and the Clauses accepted by the Buyer, apply to the Sales Agreement to the appropriate extent. The Sales Agreement is subject to the law of the Republic of Poland, is concluded exclusively in Polish and should be interpreted in that language.

1.13. ORDER – a declaration of intent of the Customer directly aimed at concluding a Product Sales Agreement and specifying its essential terms.

1.14. PRIVACY POLICY – a set of rules regarding the processing and protection of the Customer's personal data, constituting an integral part of the regulations.

1.15. ONLINE SERVICE – a website operated by the Seller available at the electronic address https://resteq.eu, through which the Customer may obtain information about the Product and its availability and purchase the Goods from the Seller.

1.16. ORDER – a declaration of intent to purchase Goods made by the Customer via the Online Store (by remotely completing an electronic form in the Online Store), in a manner enabling the Seller to identify the Customer, further specifying the Goods that are to be the subject of the Sales Agreement, the place of receipt, provision or delivery and the form of payment for the Product.

2. GENERAL PROVISIONS

2.1. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of the Customer who is also a Consumer under mandatory provisions of law. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions, those provisions shall prevail.

2.2. The Regulations define the rules for Customers to use the Online Store.

2.3. These Regulations are the regulations referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text: Journal of Laws of 2013, item 1422), and also regulate the conditions for concluding Sales Agreements in the Online Store.

2.4. The Online Store is operated by: FHU BOHDAN KALYNOWSKY, ul. Józefa Piłsudskiego 6b lok. 8, 05-600 Grójec, Polska, RESTEQ, NIP 9522231045, REGON 522861146.

2.5 The Store sells goods and services online. Information about the Store's goods and services is available on the website https://resteq.eu.

2.6. Orders from Customers are accepted via the website https://resteq.eu 7 days a week, 24 hours a day.

2.7. The Customer is prohibited from providing illegal content.

2.8. The Customer is obliged to enter data consistent with the actual state of affairs.

2.9. The Customer is obliged to use the Online Store in a manner consistent with the law and good practice, with due regard for the personal rights and intellectual property rights of third parties.

2.10. In order to ensure the security of the transmission of messages, the Seller shall take technical and organizational measures appropriate to the level of threat to the security of the Electronic Service provided.

3. PROVISION OF ELECTRONIC SERVICES

3.1. Within the Store, the Seller undertakes to provide Electronic Services within the scope and under the conditions specified in these Regulations.

3.2. The provision of Electronic Services by the Seller is free of charge.

3.3. Conditions for concluding contracts for the provision of Electronic Services:

3.3.1. The agreement for the provision of Electronic Services consisting in maintaining a Customer Account in the Online Store is concluded at the time of Registration.

3.3.1.1. To complete the Registration, the Customer must provide the following data in the registration form: name and surname, address (street, house number, town and postal code), e-mail address, contact telephone number and Password.

3.3.2. The Agreement for the provision of Electronic Services consisting in the provision of an interactive form enabling the placement of an Order in the Online Store is concluded at the moment of commencing the use of the above Service (adding a Product to the basket).

3.4. The agreement for the provision of Electronic Services consisting in maintaining a Customer Account in the Online Store is concluded for an indefinite period.

3.5. The Agreement for the provision of Electronic Services consisting in the provision of an interactive form enabling the submission of an Order in the Online Store is concluded for a fixed period of time and terminates upon the submission of the Order.

3.6. Conditions for terminating contracts for the provision of Electronic Services:

3.6.1. The Customer may terminate the contract for the provision of Electronic Services concluded for an indefinite period at any time and without giving reasons, with a 14-day notice period.

3.6.2. The Seller may terminate a contract for the provision of Electronic Services concluded for an indefinite period if the Customer objectively, grossly, or persistently violates the Terms and Conditions, in particular by providing illegal content. The violation of the Terms and Conditions must be objective and unlawful. Termination may be submitted after at least one unsuccessful request to cease or remedy the violation, specifying an appropriate deadline. In such a case, the contract is terminated with a 14-day notice period.

3.6.3. Termination of the agreement for the provision of Electronic Services concluded for an indefinite period by either Party shall not affect the rights or benefits acquired by the Parties during the term of the agreement.

3.6.4. Notwithstanding the above provisions, the Parties may terminate the agreement for the provision of Electronic Services at any time by mutual agreement of the Parties.

4. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

4.1. Announcements, advertisements, price lists and other information about the Products provided on the Online Store's websites, in particular their descriptions, technical and functional parameters and prices, constitute an invitation to enter into a contract within the meaning of Article 71 of the Civil Code.

4.2. The Product price displayed on the Online Store website is given in Polish zloty and includes all components, including VAT. However, Product prices do not include delivery costs, which are indicated when placing the Order.

4.3. The Product price displayed on the Online Store website is binding at the time the Customer places an Order. This price will not change regardless of any price changes in the Online Store that may occur for individual Products after the Customer places an Order.

4.4. In order to conclude a contract, the Customer is obliged to:

a) selection of the ordered goods

b) selection of delivery method and delivery address

4.4.1. When placing an Order, the following data required to place the Order must be provided: name and surname, address (street, house number, town and postal code), contact telephone number, e-mail address, Product, quantity of the Product, place and method of delivery of the Product.

4.5. An Order is placed using an interactive form by clicking the "Confirm order" field in the form.

4.6. After placing the Order, the Seller immediately accepts the Order for execution – at this point the Sales Agreement is concluded.

4.7. When placing an Order using the interactive form, the Customer may modify the entered data until the Order is placed. To do so, the Customer should follow the displayed messages and the information available on the Online Store website.

4.8. If the ordered goods are unavailable in the warehouse or for other reasons prevent the fulfillment of the Customer's order, the Store will notify the Customer no later than 7 days from the date of conclusion of the contract and will refund the payment. The notification will be sent to the email address provided by the Customer in the order form or in another manner of their choosing. The Buyer has the right to decide whether the order should be partially fulfilled or canceled in its entirety.

5. DELIVERY

5.1. Delivery of Products takes place in the manner chosen by the Customer and specified in the Order.

5.2. Order processing begins immediately upon receipt of payment for the ordered products. Order processing time is typically up to 3 business days, although in special cases it may be up to 5 business days from the date of receipt of payment for orders paid by bank transfer.

5.3. The Seller will deliver the Products via the carrier indicated when placing the Order.

5.4. Delivery of Goods is possible within the territory of the Republic of Poland and the European Union and takes place to the address indicated by the Customer when placing the Order.

5.5. Shipping costs will be clearly indicated during the Order placement process.

6. PAYMENT

The seller offers the following payment methods:

- Bank transfer (the Seller's bank account details are provided when placing the Order).

- Electronic payments via http://fondy.io - Fast online payments. The http://fondy.io payment system is operated by FONDY LTD, 40 Gracechurch Street, London, EC3V 0BT, United Kingdom.

- Available payment methods: Payment cards: * Visa, * Mastercard, Google Pay, ApplePay.

7. RIGHT OF WITHDRAWAL FROM THE CONTRACT

7.1. A Customer who is also a Consumer who has concluded a Sales Agreement or an Agreement for the Provision of Electronic Services may withdraw from it without giving reasons by submitting a relevant written declaration within fourteen days. To meet this deadline, it is sufficient to send the declaration before its expiry. The above right may be exercised by the Consumer by sending a declaration of withdrawal to the following address: FHU BOHDAN KALYNOWSKY, ul. Józefa Piłsudskiego 6b lok. 8, 05-600 Grójec, Polska.

7.1.1. A template for the declaration of withdrawal from the service provision contract is attached to these Regulations.

7.2. The fourteen-day period within which the Consumer may withdraw from the Sales Agreement or the Agreement for the Provision of Electronic Services is counted from the date the Consumer takes possession of the goods in the case of the Sales Agreement, and in the case of the Agreement for the Provision of Electronic Services - from the date of its conclusion.

7.3. In the event of withdrawal from the contract, the Sales Agreement or the Agreement for the Provision of Electronic Services is deemed null and void, and the Customer is released from any obligations. Whatever the Parties have provided is returned unchanged, unless the change was necessary within the scope of ordinary management.

Returned goods must be complete and returned in their original, undamaged packaging or in unaltered condition, unless the change was necessary within the scope of ordinary management, i.e., the customer should handle the goods with the possibility of their subsequent return in mind. Returned goods should be sent back together with the invoice or sales receipt.

A consumer who withdraws from a contract must return the product to the Seller immediately, but no later than 14 days from the date of withdrawal. The Seller does not accept cash-on-delivery shipments and is not responsible for the costs associated with such shipments.

7.4. The Seller will refund the amount due immediately, but no later than within 14 calendar days, to the bank account number indicated by the Consumer or in another manner indicated by the Consumer.

7.4.1. In the event of withdrawal from the contract, the Seller may withhold reimbursement of payments received from the Buyer until the product is received back or the Buyer provides proof of having sent back the product, whichever occurs first.

7.4.2. If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will refund the funds to the bank account assigned to the Ordering Party's payment card.

7.5. The right to withdraw from a distance contract does not apply to the Consumer in the following cases (pursuant to art. 38 of the Act of 30 May 2014 on consumer rights, Journal of Laws of 2014, item 827): (1) the provision of services commenced, with the consumer’s consent, before the expiry of the deadline referred to above in points 7.1 and 7.2; (2) services with properties specified by the consumer in the order placed by them or closely related to their person; (3) services which, due to their nature, cannot be returned or the subject of which is subject to rapid deterioration.

9. PERSONAL DATA AND PRIVACY PROTECTION

The controller of the Customer's personal data is FHU BOHDAN KALYNOWSKY with its registered office at ul. Józefa Piłsudskiego 6b lok. 8, 05-600 Grójec, Polska, contact: support@resteq.eu, ("Controller"). The Controller processes the Customer's personal data for the purpose of concluding and implementing a sales contract via the online store (Article 6 paragraph 1 letter b of the GDPR) and profiling for marketing purposes (Article 6 paragraph 1 letter f of the GDPR). The recipients of the Customer's personal data may be: carriers/suppliers or their intermediaries delivering shipments, entities providing electronic or card payment services, IT providers, and analytical service providers. The Customer's personal data are not transferred to third countries. The Customer has the right to object to data processing based on Article 6 paragraph 1 letter f of the GDPR. Personal data for the purpose of profiling – until the objection is expressed. In the remaining scope, personal data will be stored until the end of the service/sales agreement with the Seller and for the time necessary to fulfill obligations imposed by law (settlement, limitation of claims). The Customer has the right to request access to their personal data, its rectification, erasure, or restriction of processing, as well as the right to data portability. Furthermore, the Customer has the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office. To the extent that the processing of personal data is based on consent, the Customer has the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. Providing personal data is voluntary, however, failure to provide data will prevent the conclusion and performance of the agreement and the use of the miodywowka.pl Online Store.

10.1. Agreements concluded through the Online Store are concluded in Polish.

10.2. In matters not regulated in these Terms and Conditions, the provisions of the law in force in the territory of the Republic of Poland shall apply, including the Civil Code (consolidated text: Journal of Laws of 2016, items 380, 585). The Act on the provision of electronic services of 18 July 2002 (consolidated text: Journal of Laws of 2013, item 1422); the Act of 9 May 2014 on Consumer Rights (Journal of Laws of 2014, item 827) and other relevant provisions of Polish law.

10.2.1. The choice of Polish law does not deprive the consumer of the protection granted to him or her under provisions that cannot be derogated from by agreement, under the law that would be applicable in the absence of choice, i.e. the law of the country in which the consumer has his or her habitual residence and the entrepreneur (1) carries out his or her business or professional activities in the country in which the consumer has his or her habitual residence; or (2) in any way directs such activities to that country or to several countries including that country; and the contract falls within the scope of such activities.

10.3. The Seller reserves the right to amend these Terms and Conditions. The amended Terms and Conditions are binding on Customers if the requirements specified in Article 384 of the Civil Code are met (i.e., the Customer has been properly notified of the amendments) and the Customer has not terminated the continuing contract within 14 days. Amendments to the Terms and Conditions will not in any way violate the rights or benefits acquired by Customers, in particular, they will not affect placed or processed Orders or concluded Sales Agreements, which will be performed under the existing terms. If a change to the Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the Consumer has the right to withdraw from the contract.

10.4. Customers can access the Regulations at any time via the link on the home page of the Online Store.

10.5. Disputes arising between the Seller and the Customer who is also a Consumer shall be submitted to the competent common courts.

10.6. The Seller reserves the right to amend the Regulations. Any changes to the Regulations will take effect on the date indicated by the Seller, but no sooner than 7 days from the date they are posted on the resteq.eu website. Orders placed before the effective date of changes to these Regulations will be fulfilled based on the provisions in force on the date the order was placed.

APPENDIX 1 – WITHDRAWAL FORM TEMPLATE

– Addressee: FHU BOHDAN KALYNOWSKY, ul. Józefa Piłsudskiego 6b lok. 8, 05-600 Grójec, Polska.

– I/We(*) hereby inform you of my/our(*) withdrawal from the contract concluded on….

– Date of conclusion of the contract ……………………………………………………………..

– Client's name and surname ……………………………………………………………..

– Customer Address ……………………………………………………………..

– Customer's Signature ……………………………………………………………..

– Date …………………………………………………………..

(*) Delete as appropriate.