Section 1 Definitions
1. User Account – free-of-charge service provided electronically by the Provider, allowing the User to set up an individual account in the Shop.
2. Shop – online store maintained by the Provider under the address: www.piumo.pl
3. Provider – LOMAN Spółka z ograniczoną odpowiedzialnością, entered into the register of entrepreneurs of the National Court Register (KRS) maintained by the District Court in Bielsk-Biała, 8th Economic Division of the National Court Register under KRS number: 0000290682 , NIP (tax identification number) 5472078236, REGON (National Official Business Register number) 24075701300000, with a share capital of PLN 50,000.00 and its registered seat in Bielsko-Biała, at ul. Wapienicka 20 (43-382).
4. User – any entity using the User account service.
Section 2 User Account
1. The User may set up a User Account in the Shop.
2. A User Account is voluntary and allows the User to take advantage of additional functions in the Shop which are available for registered Users, i.a. checking the status of the Order, viewing the order history, as well as editing the User’s own data independently.
3. A User account is created by way of filling in an appropriate registration form in the Shop.
5. Upon registration (creation of a User account), a contract on the maintaining of a User Account is concluded between the User and the Provider for an indefinite period of time, on the rules specified herein.
6. The User may delete a User account at any time without giving any reason or incurring any costs. To delete a User Account, the User must send an email to [email protected] with information about withdrawal, which will result in the immediate deletion of the User Account and termination of the contract in this respect.
Section 3 Complaints
1. Complaints regarding the User Account should be directed to the Provider at the following email address: [email protected]
2. The Provider will respond to a complaint within 14 days from receiving the complaint.
OUT-OF-COURT COMPLAINT AND REDRESS MECHANISM
3. In the case where the complaint procedure fails to bring the expected results, the Consumer may use, i.a.:
a. The assistance of a competent European Consumer Centre of the EEC-Net. Such Centres provide Consumers with information about their rights and assist them in solving individual problems with cross-border transactions.
The assistance of Consumer Centres is free-of-charge by default.
A list of Consumer Centres competent for each country can be found at:
b. Online Dispute Resolution (ODR) developed by the European Commission, available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN
4. Furthermore, the following support options are available in the Republic of Poland:
a. mediations conducted by the locally competent Regional Trade Inspector, to whom an application for mediation should be directed. The proceedings are free-of-charge by default. The list of Inspectorates is available at the following address:
b. Free-of-charge assistance of the locally competent permanent consumer court of arbitration operating with the Regional Trade Inspector, where an application for a review before the arbitration court should be submitted. The proceedings are free-of-charge by default. The list of courts is available at the following address: https://www.uokik.gov.pl/wazne_adresy.php#faq596
c. Free-of-charge assistance of the municipal or poviat consumer advocate.
Section 4 Personal data
2. The purpose processing the User’s data is maintaining an Account.
The basis for the processing of personal data in this case is:
a. a contract for the provision of services or activities undertaken at the User’s request in order to conclude it (Article 6(1)(b) of the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”),
b. legitimate interest of the Provider, consisting in the processing of data to determine, assert or defend any potential claims (Article 6(1)(f) of the GDPR).
3. Providing data by the User is voluntary, but at the same time it is necessary for maintaining an Account. Failure to provide data means that the Provider will not be able to provide the management service for the Account.
4. The User’s data will be processed until:
a. the possibility of pursuing claims related to the Account by the User or the Provider ceases;
b. the User’s objection against the processing of his/her personal data is accepted – if the basis for data processing was a legitimate interest of the Provider
– depending on whichever is applicable in that case and whichever is later.
5. Furthermore, the User has the right to:
a. access his/her personal data,
b. change them,
c. erase them,
d. restrict their processing,
e. demand the transfer of the data to a different controller
Also, the User has the right to:
f. object at any time to the processing of data for reasons related to the specific situation of the User – in the processing of personal data concerning him/her, based on Article 6(1)(f) of the GDPR (i.e. on a legitimate interest pursued by the controller).
6. In order to exercise his/her rights, the User should contact the Provider.
7. If the User finds that his data is being processed unlawfully, the User may submit a complaint to the supervisory authority.
Section 5 Final provisions
1. The Provider reserves the right to change these Terms and Conditions only for substantial reasons. A substantial reason is understood as a necessary change in the Terms and Conditions due to: the User Account service modernisation or amendments in the provisions of law applicable to the Provider’s service.
2. Information about the planned change of Terms and Conditions will be sent to the User’s e-mail address indicated in the User account at least 7 days before the change enters into force.
3. If the User fails to object the planned changes before the date of its entry into force, it is assumed that he/she accepts them. However it does not prevent him/her from terminating the contract in the future.
4. If the Customer does not accept the planned changes, he/she should send a notification about that fact to the Provider’s e-mail address: [email protected] This will result in termination of the service contract on the date when the planned changes enter into force.
5. Any dispute arising between the Provider and the User who is not the Consumer will be submitted to the court competent for the Seller’s registered office.
6. The User is forbidden to provide content of illegal nature.