TERMS AND CONDITIONS OF THE NOVOLABS.PL ONLINE STORE
Thank you for visiting our website at: www.novolabs.pl (hereinafter referred to as the “Website” or “Site”).
The purpose of these Terms and Conditions is to set out the general terms and conditions governing the use of the Website, in particular the terms and conditions under which the Website’s resources and features may be used, orders placed, and contracts concluded and performed via the Website.
These Terms and Conditions govern the terms and conditions of the conclusion and performance of the contract via the Website, including matters relating to our liability, should you decide to purchase courses or training programmes.
Please take a moment to read the terms and conditions,
The Novolabs team
INTRODUCTORY PROVISIONS
- The owner of the Website is Anna Parzychowska Parol, trading under the business name NOVOLABS – Anna Parzychowska-Parol, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the Minister responsible for the economy; with the following business address and address for service: Kraśnicza Wola 56, 05-825 Kraśnicza Wola, Tax Identification Number (NIP): 5441512625, National Business Registry Number (REGON): 524934010, email address: kontakt@novolabs.pl and telephone number: 48780188995 (hereinafter referred to as: “the Service Provider”).
- These Terms and Conditions apply to all users of the Website, unless otherwise specified in a particular provision. The provisions of these Terms and Conditions are not intended to exclude or limit any rights of Consumers or Business Users with Consumer Rights to which they are entitled under mandatory provisions of law. In the event of any conflict between the provisions of these Terms and Conditions and the aforementioned provisions, the latter shall prevail.
- The Service Provider is the controller of the personal data processed on the Website in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, for the duration, and on the legal grounds and in accordance with the principles set out in the privacy policy published on the Website. The privacy policy primarily contains rules regarding the processing of personal data by the Service Provider on the Website, including the legal basis, purposes and duration of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools on the Website. Use of the Website, including making purchases, is voluntary. Similarly, the provision of personal data by users of the Website is voluntary, subject to the exceptions set out in the privacy policy (e.g. the conclusion of a contract and the Service Provider’s statutory obligations).
- The terms used in these Terms and Conditions and beginning with a capital letter have the following meanings:
- BLOG – An online service comprising industry articles and other information organised by topic, available on the Website and published by the Service Provider for all visitors to the Website.
- WORKING DAY – any day from Monday to Friday, excluding public holidays.
- ORDER FORM – An electronic service, an interactive form available on the Website that enables the Customer to place an Order by selecting Products and specifying the terms of the Contract, including the method of payment.
- CIVIL CODE – the Civil Code Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
- CONSUMER – a natural person for whom the use of the Website (including the conclusion of the Agreement) is not directly related to their business or professional activities.
- ACCOUNT, CUSTOMER PANEL – An electronic service comprising a set of resources within the Website’s IT system, identified by a unique username (login) and password and assigned to the Customer, in which data provided by the Customer, information about purchased Products, bookings made and other activities carried out via the Website are stored.
- COPYRIGHT – the Act on Copyright and Related Rights of 4 February 1994 (Journal of Laws No. 24, item 83, as amended).
- PRODUCT – available on the Website: (1) a movable item; (2) digital content (e.g. an online course); or (3) a service (including digital and non-digital services) which is the subject of the Contract between the Customer and the Service Provider.
- ENTREPRENEUR ACTING AS A CONSUMER – a natural person for whom the use of the Website (including the conclusion of the Agreement) is directly related to their business activity, where the circumstances indicate that this is not of a professional nature for that person, arising in particular from the subject of their business activity, as made available under the provisions on the Central Register and Information on Economic Activity.
- TERMS AND CONDITIONS – these Terms and Conditions of the Website.
- WEBSITE, WEBSITE – the website operated by the Service Provider and accessible at www.novolabs.pl
- CONTRACT – (1) a contract for the sale of a Product (in the case of movable property); (2) a contract for the supply of the Product (in the case of digital content or a digital service), (3) a contract for the provision or use of the Product (in the case of a service other than a digital service and other Products) entered into or concluded between the Customer and the Service Provider via the Website.
- ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Website in accordance with the Terms and Conditions, which is not a Product.
- SERVICE USER, CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law, also a natural person with limited legal capacity; (2) a legal person; and (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use the Website and its Electronic Services and entering into or intending to enter into a Contract with the Service Provider.
- SERVICE PROVIDER – Anna Parzychowska-Parol, trading as NOVOLABS – Anna Parzychowska-Parol, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the Minister responsible for the economy; with the following details: business address and address for service: Kraśnicza Wola 56, 05-825 Kraśnicza Wola, Tax Identification Number (NIP): 5441512625, National Business Registry Number (REGON): 524934010, email address: kontakt@novolabs.pl
- CONSUMER RIGHTS ACT – the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827, as amended).
- ORDER – a declaration of intent by the Customer made via the Order Form, which is intended to lead directly to the conclusion of a Contract with the Service Provider.
GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE
- The User is obliged to use the Website in accordance with its intended purpose, subject matter and these Terms and Conditions, in a manner consistent with the law and good practice, whilst respecting the personal rights, copyright and intellectual property rights of the Service Provider, other Users and third parties. The User is obliged to enter data that is true and accurate. The User is prohibited from providing unlawful content. The User is prohibited from using the Website to send unsolicited commercial communications (spam). The User is also prohibited from taking any action whose purpose or effect is to disrupt the proper functioning of the Website or to cause harm to the Service Provider or other Users.
- Pursuant to Article 14(1) of the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204, as amended), the Service Provider shall not be liable for data posted on the Website by Service Users if it is unaware of the unlawful nature of such data or the activities associated therewith, and, upon receiving an official notification or obtaining reliable information regarding the unlawful nature of the data or the related activities, shall take appropriate steps to immediately prevent access to such data.
- In order to use the Website and Digital Products correctly, the User must meet the following technical requirements: (1) a computer, laptop or other multimedia device with internet access; (2) access to email; (3) the latest version of a web browser: Mozilla Firefox, Opera, Google Chrome, Safari or Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) the ability to save cookies and support for JavaScript must be enabled in the web browser.
- The Service Provider makes every reasonable effort to ensure that the use of the Website is safe for Users. However, using the Website involves the standard risks associated with the internet. The primary risk for any internet user, including those using Electronic Services and Products, is the possibility of their IT system being ‘infected’ by various types of malware created primarily to cause damage or gain unauthorised access to the Service User’s data. To avoid the risks associated with this, the Service Provider recommends that the Service User equips the hardware they use to connect to the Internet with antivirus software and keeps it constantly updated by installing the latest versions, as well as keeping their web browser and the operating system of their end device up to date.
ONLINE SERVICES
- Any Service User may use the Electronic Services in accordance with the terms and conditions set out in the Terms and Conditions.
- The Service Provider offers the following Electronic Services to Service Users:
- Blog,
- Account (Client Panel),
- Order Form.
- The use of the Electronic Services is free of charge.
- A detailed description of the Electronic Services and how they work is available in the Terms and Conditions below and on the Website, in particular in the form of notices and explanations displayed whilst using the Website.
USING THE BLOG
- The blog is available to all visitors to the Website. Use of the blog is free of charge and can be accessed via the relevant tab on the Website. The user may stop using the blog at any time and without giving a reason by closing their web browser.
- The Service Provider allows comments to be posted under blog entries. Comments made by Website Users reflect solely their own opinions and do not represent the views of the Service Provider. It is prohibited to post comments that breach the rules of netiquette or contain information that is untrue or may mislead other Service Users, as well as comments containing advertising content or directly or indirectly promoting other websites and web pages. The Service Provider reserves the right to remove comments that breach the above rules.
USING YOUR ACCOUNT (CUSTOMER PANEL)
- An Account can be created once the Service User has completed the following two consecutive steps: (1) filling in the interactive registration form displayed on the Website and (2) clicking the “Register” button – at this point, a contract for the use of the Electronic Account Service is concluded between the Service Provider and the User. In the registration form, the User must provide the following details: username (login), email address and password.
- The customer is required to update the details provided in the Customer Portal should they change.
- The Customer must keep their access details to the Customer Portal confidential and not disclose them to third parties. The Customer must not allow others to use their Account, in particular by renting or lending it to others.
- A user may only hold one account on the website at any one time.
- The Electronic Account service (Customer Portal) is provided free of charge and for an indefinite period. The User may, at any time and without giving a reason, delete their Account (cancel their Account) by sending a request to the Service Provider, for example by email to: kontakt@novolabs.pl. Once the Account has been deleted, it is no longer possible to log in to the Account or use its resources and features.
- The Service Provider reserves the right to suspend, and as a last resort also to delete, the Customer’s Account in the following cases:
- where the Customer grossly or persistently breaches any provision of these Terms and Conditions;
- where the Customer is in arrears with any payments due to the Service Provider;
- where the actions of a particular Service User damage the reputation of the Service Provider or the Website;
- where the Customer uses the Website in a manner inconsistent with its intended purpose and subject matter, in particular by breaching the licence terms regarding the prohibition on distributing, copying and marketing the Products;
- where the Customer’s actions pose a threat to the security of the Service Provider’s IT system and the Website, or to the security of other Customers whilst they are using the Website;
- where the User uploads to the Website content that is unlawful, vulgar or offensive; content that infringes upon the personal rights, copyright or other intellectual property rights of others; content that is contrary to public decency and the principles of social coexistence; as well as content that promotes, either directly or indirectly, other websites, companies, products and services that compete with the Service Provider and the Website.
- Suspension of the Account involves completely disabling the Service User’s ability to log in to the Account. During the suspension, it is not possible to use any of the Account’s features or resources. The Account may be suspended for a fixed period specified by the Service Provider or for an indefinite period – until the reason for the suspension ceases to exist. During the suspension of the Account, the Service User should take steps to remove the cause that led to the suspension, and once it has been removed, they are obliged to inform the Service Provider of this immediately. The Service Provider shall reactivate the Account without delay, no later than within 7 calendar days of receiving notification that the reason for the suspension has ceased to exist.
- Before deciding to suspend an Account, the Service Provider shall request the Service User to cease the infringements; only if such a request proves ineffective or impossible may the Service Provider suspend the Account. Immediately after deciding to suspend the Account, the Service Provider shall send the Service User a message stating the reason for the suspension to the email address associated with their Account.
- If the suspension of the Customer’s Account lasts for at least 30 calendar days and the reasons for the suspension have not yet ceased to exist, the Service Provider is entitled to terminate the agreement for the use of the Account with 7 days’ notice by sending a relevant notice to the Customer’s email address. Upon expiry of the notice period, the Account shall be permanently deleted.
TERMS AND CONDITIONS FOR CONCLUDING A CONTRACT IN THE ONLINE STORE
1. The Customer may place an Order and subsequently enter into a Contract by submitting an Order via the Order Form on the Online Shop’s website;
2. All Products available in the Online Shop are genuine, brand new and comply with applicable law.
3. The orders referred to in paragraph 1 of this section may be placed 24 hours a day, 7 days a week.
4. Orders placed on weekdays after 4.00 pm, on Saturdays, Sundays and public holidays will be processed on the next working day.
5. In order to successfully place an Order in the manner referred to in subparagraph 1 of this paragraph, it is necessary to:
(a) adding the Product to the basket,
b) the Customer correctly completing the Order Form available on the Online Shop’s website, which includes the Product’s delivery details,
c) selecting the payment method and delivery method
d) accepting the Terms and Conditions and the Privacy Policy, and clicking the “Order and Pay” button.
6. Once an Order has been placed, the Seller shall immediately confirm the Customer’s Order. The Seller’s confirmation of the Order shall take the form of an email sent to the Customer, confirming all the essential details of the Order, to the address provided by the Customer. This email constitutes confirmation of the conclusion of the Contract between the Seller and the Customer.
7. The Contract shall be deemed to have been concluded upon the Customer’s receipt of an email confirming all the essential terms of the Contract of Sale in accordance with paragraph 7 above.
8. The processing time for an Order (including order fulfilment and preparation for dispatch), together with delivery, is between 1 and 7 working days from the moment the full payment is credited to the Seller’s bank account.
9. If the Products ordered by the Customer are unavailable, the Seller shall notify the Customer of this via the Online Shop or inform the Customer who placed the Order for the Product. In such circumstances, the Customer may agree to an extension of the Order fulfilment time, or may cancel the ordered Product or the entire Order.
10. An essential part of the Order placement procedure is for the Customer to read and accept these Terms and Conditions and the Privacy Policy, which the Customer confirms by ticking the relevant box before finalising the Order. Failure by the Customer to accept these Terms and Conditions or the Privacy Policy during the Order placement process prevents the Customer from purchasing the Product via the Online Store.
11. The Order placement procedure also requires the Customer to provide the personal data indicated in the Order form and marked as mandatory, and to familiarise themselves with the Information Notice on the processing of personal data available in the Privacy Policy. Providing personal data marked as mandatory is voluntary, but necessary in order to place an Order. Providing personal data not marked as mandatory is voluntary and is not necessary to place an Order.
12. Information regarding the total value of the Order, which includes the price of the Product, taxes and delivery costs, is displayed on the Order Form webpage at the time of placing the Order and subsequently in the Order confirmation. Before finalising the Order, the total costs that the Customer is required to pay, including applicable taxes and delivery costs, are displayed.
13. During the Order placement process – until the “Order and pay” button is clicked – the Customer may amend the Order in the Shopping Basket, in particular with regard to the choice of Product, the delivery area and method, the payment method, and the details provided in the Order Form.
14. An order is placed when the Customer clicks the ‘Order and pay’ button. An order placed by clicking ‘Order now’ constitutes a binding commitment to pay.
15. A Customer who has chosen to pay in advance when placing an Order must pay the price and delivery costs for the Product within 7 days of receiving an email from the Seller confirming receipt of the Order and its acceptance for fulfilment. If the Customer fails to make payment within 7 days of the Order being confirmed, the Seller will send the Customer a payment reminder. If the full payment is not made within the time limit specified in the reminder, the Seller has the right to cancel the Order, informing the Customer of this by email to the Customer’s email address or by telephone.
16. The provision of Electronic Services by the Seller is free of charge.
PRODUCT PRICES
1. The prices of the Products displayed on the Order Form web pages are quoted in Polish zlotys and are gross prices, i.e. they include taxes, including value added tax (VAT).
2. The prices of Products listed in the Online Shop do not include delivery costs. The delivery costs for the ordered Product are specified in the Order Form at each stage of the ordering process, including immediately before and at the moment the Customer confirms and submits the Order, and are included in the total value of the Order. The total value of the Order includes the price of the Product and the delivery costs. The Customer is informed of the total amount of the Order, including delivery costs, each time before placing the Order and in the email confirming the placement of the Order.
3. Information regarding the Product’s price, features and key characteristics is available in the Product description on the Online Shop and is displayed alongside the Product.
4. The product prices listed on the Order Form webpages apply only when placing orders via the Order Form and may include promotional offers or additional discounts that are updated upon entering a discount code.
5. If the Customer wishes to receive a VAT invoice, they must provide their tax identification number on the Order Form. If the Customer requests a VAT invoice, it will be sent to the email address they have provided.
PAYMENT FOR THE PRODUCT AND DELIVERY CHARGE
- The currently available payment methods are specified in the Online Shop under the ‘Payment Methods’ tab and on the relevant Product page, including at the time the Customer expresses their intention to enter into a Sales Contract. The available payment methods may depend on the delivery method or Product selected by the Customer.
- Settlements for transactions made via electronic payments and payment cards are processed, at the Customer’s discretion, through authorised payment service providers. As a general rule, the following payment methods are available:
a) Electronic payments via the payment operators listed in the Payment Methods tab.
c) BLIK and One Click BLIK payments via the przelewy24.pl service provided by the operator PAYPRO SPÓŁKA AKCYJNA, based in Poznań, as described in point (a) above. - The payment methods currently available, including electronic options, are displayed during the ordering process, before the order is placed. The current payment methods available are specified on the websites of the respective payment providers – www.przelewy24.pl
- Complaints – Customers may submit a complaint regarding a payment. Complaints are handled in accordance with the payment providers’ policies.
- One Click BLIK is a payment method that allows you to pay with just one click, without having to enter all your details for every transaction. This online payment method enables you to make payments at the healthlabs.care online shop by entering a code from your bank’s mobile app and then selecting the option to save the healthlabs.care online shop as a trusted merchant in your bank’s mobile app [During the first transaction using the BLIK method, the Customer consents to their data being stored by the przelwy24 system and enters the BLIK code in the bank’s app. To be able to make transactions using One Click BLIK, the Customer must have a verified account and be logged in to the novolabs.pl online shop. The Customer must have a device with a bank app installed and running, which enables BLIK payments. The payment transaction takes place between the Customer and the operator of the bank app used by the Customer. To pay with BLIK using the One Click BLIK option, select this option when choosing a payment method.
- Discount codes have a validity period during which the customer can claim the discount offered. A discount code cannot be combined with any other discount code or other promotions, unless the terms and conditions of the promotion in question state otherwise.
- If the Customer chooses to pay on delivery, they are obliged to make payment upon receipt of the parcel. Refusal to accept the Product, despite the setting of an additional reasonable deadline, constitutes grounds for termination of the Sales Contract. The Customer may also cancel the Order within the specified time limit without incurring any consequences, which does not affect their right to withdraw from the contract.
ORDER DELIVERY
- Delivery is made by courier to the address specified by the Customer when placing the Order. The Seller undertakes to deliver Products free from defects to the Customer.
- Delivery is available within the Republic of Poland and to selected countries listed under the ‘Delivery Methods and Costs’ tab in the Shop. The available delivery methods may depend on the payment method chosen by the Customer or the Product.
- Delivery of the Product to the Customer is subject to a charge, unless otherwise specified in the Promotion Terms and Conditions or the Sales Agreement. The delivery methods and costs currently available are shown to the Customer in the ‘Delivery Methods and Costs’ tab in the Shop and each time in the Basket, including at the moment the Customer expresses their intention to enter into the Sales Agreement.
- The waiting time until the Customer receives the Product (delivery time) comprises the time taken to prepare the Order for dispatch and the time taken for the carrier to deliver the Product.
- The delivery time for the Product to the Customer is up to 14 working days, unless a shorter delivery time is specified in the Product description or when placing the Order.
- The time taken by the Seller to prepare the Order for dispatch is always shown on the relevant Product page and is calculated from the date (the start of the delivery period):
a) on which the Seller’s bank account or settlement account is credited – if the Customer chooses to pay by bank transfer, electronic payment or payment card;
b) the conclusion of the Sales Agreement – if the Customer chooses cash on delivery as the payment method. - The time specified in point 6 must be increased by the time taken for the Product to be delivered by the relevant carrier; this depends on the delivery method chosen by the Customer and is always shown in the ‘Delivery Methods and Costs’ section of the Online Shop.
WITHDRAWAL FROM THE CONTRACT
1. Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 683, as amended), a consumer, as well as natural persons entering into a contract directly related to their business activity, where the content of that contract indicates that it is not of a professional nature for that person, arising in particular from the nature of their business activity, as disclosed under the provisions on the Central Register and Information on Economic Activity, may withdraw from this contract within 14 days without giving any reason and without incurring any costs, except for the costs specified in points 7 and 8 below.
2. The period for withdrawing from the contract begins:
(a) in the case of a contract under which the Seller delivers the Product and is obliged to transfer ownership of it (e.g. a contract of sale) – from the moment the Consumer takes possession of the Product, or the entity referred to in paragraph 1, or a third party designated by them other than the carrier, and in the case of a contract covering multiple Products delivered separately, in batches or in parts – from the moment the last Product is taken into possession,
(b) for other contracts – from the date of conclusion of the contract.
3. The consumer or the party referred to in paragraph 1 may withdraw from the contract by informing the Seller of their decision to withdraw from the contract by means of an unambiguous statement, for example by sending it to the following address:
a) By post to: Novolabs – Anna Parzychowska-Parol, Kraśnicza Wola 56, 05-825 Kraśnicza Wola
b) Electronically to the email address: kontakt@novolabs.pl. A notice of withdrawal from the contract may be submitted using the withdrawal form, a template of which is set out in Appendix 1 to these Terms and Conditions, or using the model withdrawal form set out in Appendix 2 to the Consumer Rights Act; however, this is not mandatory.
4. To meet the deadline for withdrawing from the contract, it is sufficient to send notification of your intention to exercise your right to withdraw from the contract before the withdrawal period expires.
5. In the event of withdrawal from a distance contract, the contract shall be deemed not to have been concluded. If a Customer who is a Consumer or an entity referred to in paragraph 1 has submitted a notice of withdrawal before the Seller has accepted their offer, the offer shall cease to be binding.
6. In the event of withdrawal from the contract, the Consumer or the entity specified in paragraph 1 is obliged to return the Product to the Seller without delay, but no later than within 14 days of the date on which the Consumer notified the Seller of their withdrawal from the contract. To meet this deadline, it is sufficient for the Product to be posted back before the expiry of the 14-day period to the following address:
Novolabs – Anna Parzychowska-Parol,
56 Kraśnicza Wola,
05-825 Kraśnicza Wola
7. The consumer is required to bear the direct costs of returning the Product [packaging costs, postage for returning the parcel].
See more: https://poradnikprzedsiebiorcy.pl/-kto-covers-return-and-delivery-costs
8. In the event of withdrawal from the contract, the Seller shall, without undue delay and no later than 14 days from the date of receipt of the notice of withdrawal from the contract given by the Consumer or the entity referred to in paragraph 1, refund all payments received from them.
9. The Seller shall issue a refund using the same payment methods as those used by the Consumer or the entity specified in paragraph 1.
10. The Seller may withhold the refund of payments received from the Customer until the Product has been returned or until the Consumer or the entity specified in paragraph 1 has provided proof of the Product’s return, whichever occurs first.
11. The customer shall be liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to ascertain the nature, characteristics and functioning of the goods.
12. Pursuant to Article 38 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws of 2017, item 68, as amended), the right to withdraw from a distance contract does not apply to the Consumer or the entity referred to in paragraph 1 in respect of contracts:
1) for the provision of services, where the trader has fully performed the service with the consumer’s express consent, and the consumer was informed before the service began that they would lose their right to withdraw from the contract once the trader had performed the service;
2) where the subject of the supply is a non-prefabricated item, manufactured to the consumer’s specifications or designed to meet their specific needs;
3) where the subject of the supply is an item that spoils quickly or has a short shelf life;
4) where the subject of the supply is an item delivered in sealed packaging which, once opened, cannot be returned for health or hygiene reasons, provided that the packaging was opened after delivery;
5) where the subject matter of the supply consists of goods which, upon delivery, are, by their nature, inseparably combined with other goods.
6) for the provision of services, where the trader has fully performed the service with the consumer’s express consent, and the consumer was informed before the service began that they would lose their right to withdraw from the contract once the trader had performed the service;
7) the supply of digital content not recorded on a tangible medium, where the performance of the service began with the consumer’s express consent before the expiry of the withdrawal period and after the trader had informed the consumer that they would lose their right of withdrawal.
CONTACT THE SERVICE PROVIDER
The primary means of day-to-day remote communication with the Service Provider is email (email: konktakt@novolabs.pl), through which you may exchange information with the Service Provider regarding the use of the Website, including seeking technical support in the event of any issues relating to the operation of Digital Products and Electronic Services. Service Users may also contact the Service Provider by other legally permissible means, using the contact details provided at the beginning of these Terms and Conditions.
COMPLAINTS PROCEDURE
- This section of the Terms and Conditions sets out the procedure for handling complaints, which applies to all complaints submitted to the Service Provider, in particular complaints concerning Products, Contracts, Electronic Services and other complaints relating to the operation of the Service Provider or the Website.
- A complaint can be submitted, for example, via:
- in writing to the following address: Kraśnicza Wola 56, 05-825 Kraśnicza Wola;
- in electronic form via email to: kontakt@novolabs.pl.
- Products (movable goods) may be returned to the following address: Kraśnicza Wola 56, 05-825 Kraśnicza Wola.
- It is recommended that the complaint description include: (1) information and details regarding the subject of the complaint, in particular the nature and date of the defect or breach of contract; (2) a request for the method of bringing the product into conformity with the contract, or a statement regarding a price reduction, withdrawal from the contract, or any other claim; and (3) the contact details of the person making the complaint – this will facilitate and expedite the handling of the complaint. The requirements set out in the preceding sentence are merely recommendations and do not affect the validity of complaints submitted without the recommended description.
- If the complainant changes the contact details provided whilst the complaint is being processed, they are required to notify the Service Provider of this.
- The complainant may attach evidence (e.g. photographs, screenshots, documents) relating to the subject of the complaint. The Service Provider may also ask the complainant to provide additional information or send evidence (e.g. screenshots) if this facilitates and speeds up the Service Provider’s handling of the complaint.
- The service provider will respond to the complaint without delay, no later than 14 calendar days from the date of receipt.
OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND SETTLING CLAIMS
- Methods of resolving disputes without recourse to the courts include, amongst others: (1) facilitating a rapprochement between the parties’ positions, e.g. through mediation; (2) proposing a resolution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g. through arbitration (an arbitration tribunal). Detailed information regarding the options available to a Customer who is a Consumer for out-of-court complaint handling and redress, the rules governing access to these procedures, and a user-friendly search engine for entities specialising in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
- The Office of the President of the Office of Competition and Consumer Protection operates a contact point whose tasks include providing consumers with information on the out-of-court resolution of consumer disputes. Consumers may contact the centre: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s headquarters at Plac Powstańców Warszawy 1 in Warsaw (00-030).
- Consumers have the following options for using out-of-court complaint handling and redress mechanisms: (1) submitting a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Consumer Protection Authority; or (3) assistance from the district (municipal) Consumer Ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Association of Polish Consumers). Advice is provided, amongst other channels, via email at porady@dlakonsumentow.pl and via the consumer helpline on 801 440 220 (the helpline is open on working days from 8:00 to 18:00; call charges apply according to the operator’s tariff).
- The online platform for the EU-wide online dispute resolution system between consumers and traders is available at https://ec.europa.eu/odr (ODR platform). The ODR platform is an interactive, multilingual website offering a one-stop shop for consumers and traders seeking an out-of-court resolution to disputes concerning contractual obligations arising from online sales contracts or service contracts (more information is available on the platform itself or on the website of the Office of Competition and Consumer Protection: https://polubowne.uokik.gov.pl/platforma-odr,161,pl.html).
INTERRUPTIONS AND TECHNICAL FAULTS
- The Service Provider shall use its best endeavours to ensure the proper and uninterrupted operation of the Website. However, due to the complexity and sophistication of the Website and its Electronic Services, as well as external factors beyond the Service Provider’s control (e.g. DDOS attacks – distributed denial of service), errors and technical failures may occur which prevent or restrict in any way the functioning of the Website, Electronic Services and Digital Products. In such a case, the Service Provider shall take all reasonable and feasible measures within its power to ensure that the negative effects of such events are minimised as far as possible.
- The Service Provider shall immediately notify Service Users of any errors or technical faults referred to above
, as well as the expected time for their resolution. - In addition to interruptions caused by errors and technical faults, other technical interruptions may also occur during which the Service Provider takes steps to develop the Website and protect it against errors and technical faults.
- The Service Provider shall schedule technical maintenance in such a way as to minimise disruption to Service Users, in particular by scheduling it for times when traffic on the Website is low (e.g. during the night) and only for the time necessary for the Service Provider to carry out the required work. The Service Provider shall inform Service Users of planned technical interruptions well in advance, specifying the expected duration of the planned interruption.
- The Service Provider shall not be liable to the Customer/Service Recipient for any damage or failure to fulfil obligations arising from any errors, technical faults or technical interruptions referred to in this clause 14 of the Terms and Conditions. However, this clause 14 of the Terms and Conditions is not intended to exclude or limit the Service Provider’s statutory liability towards the Customer/Service Recipient who is a Consumer or an Entrepreneur with Consumer Rights, nor any other statutory rights of such a Customer/Service Recipient.
COPYRIGHT IN THE WEBSITE
- The copyright and intellectual property rights to the Website as a whole and its individual elements, including the content, graphics, works, designs and trademarks available on the Website, belong to the Service Provider or other authorised third parties and are protected by copyright law and other provisions of generally applicable law. The protection of the Website covers all forms of its expression.
- The Website should be treated in the same way as any other work protected by copyright. The User is not permitted to copy the Website, except in cases permitted by mandatory provisions of law. The User also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Website, except in cases permitted by mandatory provisions of law.
- The Service Provider’s and third parties’ trademarks must be used in accordance with applicable law.
PRODUCT REVIEWS
- The Service Provider allows its Customers to post and access reviews of Products and the Website in accordance with the terms set out in this section of the Terms and Conditions.
- Customers may submit a review by using the form provided for adding a review of a Product or the Website. This form may be made available directly on the Website (including via an external widget) or via a personalised link sent to the email address provided by the Customer following a purchase. When submitting a review, the Customer may also add a star rating – if this option is available in the review form.
- A Product review may only be posted for Products actually purchased on the Service Provider’s Website and by the Customer who purchased the Product in question. It is prohibited to enter into fictitious or sham Contracts for the purpose of posting a Product review. A review of the Website may be posted by a person who is a Customer of the Website.
- Customers must not use the review feature for any unlawful purposes, in particular for acts constituting unfair competition or for acts that infringe upon personal rights, intellectual property rights or other rights of the Service Provider or third parties. When submitting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and accepted standards of conduct.
- Reviews may be published directly on the Website (e.g. alongside a specific Product) or on an external review platform with which the Service Provider collaborates and to which it provides a link on the Website (including via an external widget displayed on the Website).
- The Service Provider ensures that the reviews published about the Products are provided by its Customers who have purchased the Product in question. To this end, the Service Provider takes the following steps to verify that the reviews are provided by its Customers:
- The publication of a review submitted via the form available directly on the Website requires prior verification by the Service Provider. Verification involves checking that the review complies with the Terms and Conditions, in particular checking whether the reviewer is a Customer of the Website – in this case, the Service Provider checks whether the person has made a purchase on the Website, and in the case of a review of a Product, additionally checks whether they have purchased the Product being reviewed. Verification takes place without undue delay.
- The Service Provider sends its customers (including via an external feedback platform with which it collaborates) a personalised link to the email address provided at the time of purchase – in this way, only the customer who purchased the Product on the Website is granted access to the feedback form.
- In the event that the Service Provider has any doubts, or if other Customers or third parties raise concerns with the Service Provider as to whether a particular review originates from a Customer or whether the Customer in question has purchased the Product in question, the Service Provider reserves the right to contact the author of the review to clarify the matter and confirm that they are indeed a Customer of the Website or have purchased the Product in question.
- Any comments, appeals against the verification of a review, or queries as to whether a particular review was submitted by a Customer or whether a particular Customer purchased the Product in question may be submitted in accordance with the complaints procedure set out in clause 10 of the Terms and Conditions.
- The Service Provider shall not post, or instruct any other person to post, false customer reviews or recommendations, nor shall it distort customer reviews or recommendations for the purpose of promoting its Products. The Service Provider publishes both positive and negative reviews.
FINAL PROVISIONS
- Contracts concluded under these Terms and Conditions shall be drawn up in Polish.
- The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, namely: changes in legislation; changes to the nature and form of the Electronic Services provided or the Products offered; the addition or removal of Electronic Services or Products; changes to payment methods and deadlines or the delivery of Products; the need to counteract an unforeseen and immediate threat to the security of the Website, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
- Notice of proposed changes shall be given at least 15 days prior to the date on which such changes come into effect, provided that a change may be implemented without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counter an unforeseen and immediate threat to the security of the Website, including Electronic Services and Service Users/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the previous sentence, the changes shall take effect immediately, unless it is possible or necessary to apply a longer period for the implementation of the changes, in which case the Service Provider shall notify the User in each instance.
- In the case of ongoing contracts (e.g. the provision of the Electronic Service – Account), the Customer has the right to terminate the contract with the Service Provider before the end of the notice period regarding the proposed changes. Such termination takes effect 15 days after the date of receipt of the notice. In the case of a continuing contract, the amended Terms and Conditions shall be binding on the Customer if they have been duly notified of the changes in accordance with the notice period prior to their introduction and have not terminated the contract during that period. Furthermore, at any time after receiving notification of the changes, the Service User may accept the changes and thereby waive the remainder of the notice period. In the case of a contract of a nature other than a continuous contract, amendments to the Terms and Conditions shall in no way affect the rights acquired by the Customer prior to the date on which the amendments to the Terms and Conditions come into force.
- Should any amendment to the Terms and Conditions result in the introduction of any new charges or an increase in existing charges, the Customer/Service User, whether a Consumer or a Business with Consumer Rights, shall have the right to withdraw from the contract.
- In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; the Copyright Act; and other relevant provisions of generally applicable law.
Thank you for reading this carefully!
If you have any questions, we are always here to help – please get in touch using the contact details provided at the beginning.
We invite you to make use of our services,
The novolabs.pl team
APPENDIX 1 TO THE RULES AND REGULATIONS
MODEL WITHDRAWAL FORM
Addressee: NOVOLABS – Anna Parzychowska-Parol, Kraśnicza Wola 56, 05-825 Kraśnicza Wola, Poland, kontakt@novolabs.pl
I/We (*) hereby give notice (*) of my/our (*) withdrawal from the contract for the sale of the following Products (*)/for the provision of the following service (*)
No. Product Name Quantity Gross unit price 1 2 3 4 5 Date of contract conclusion (*) / collection (*) :
Name and surname of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if the form is submitted in paper form):
Date:
(*) Delete as appropriate