Store Terms and Conditions

Garden Polska online shop terms and conditions

setting out, among other things, the rules for entering into contracts through the Shop and containing key information about the Seller, the Shop and Consumer rights

CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical requirements
§ 4 Shopping in the Shop
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right to withdraw from the contract
§ 9 Complaints
§ 10 Personal data
§ 11 Disclaimers
Appendix no. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days – days from Monday to Friday, excluding public holidays in Poland.
Consumer – a Buyer who is a natural person purchasing in the Shop or taking steps to make a purchase, with no direct connection to their business or professional activity.
Account – a digital service governed by separate terms and conditions within the meaning of the Consumer Rights Act, which enables the Buyer to use additional Shop features free of charge.
Buyer – any entity purchasing in the Shop or taking steps to make a purchase.
Privileged Buyer – a Consumer or a Privileged Business Customer.
Privileged Business Customer – a Buyer who is a natural person entering into, or intending to enter into, a contract with the Seller under these Terms and Conditions that is directly related to their business activity, but is not of a professional nature for them.
Terms and Conditions – these terms and conditions.
Shop – the Garden Polska online shop operated by the Seller at gardpol.pl.
Seller – TODO OSOWSKI & GORGOŃ SPÓŁKA JAWNA, with its registered office at ul. 29 Stycznia 16A, 89-422 Sypniewo, entered in the National Court Register – Register of Entrepreneurs by the DISTRICT COURT IN BYDGOSZCZ, XIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS no. 0000814715, NIP 5040077307, REGON no. 38490695800000, share capital of 60000.00 zł.
Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACTING THE SELLER

1. Postal address: ul. 29 Stycznia 16A, 89-422 Sypniewo
2. Email address: sklep@gardpol.pl
3. Telephone: 690006926
4. The cost of telephone calls or data transmission made by the Buyer is based on the standard tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than that of a domestic call or transmission, depending on the tariff charged by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

1. For the Shop to function properly, the following are required:
   • a device with internet access
   • a web browser that supports JavaScript and cookies.
2. To place an order in the Shop, in addition to the requirements set out in clause 1, an active email account is required.

§ 4 SHOPPING IN THE SHOP

1. The prices of products shown in the Shop are the total prices for each product.
2. The Seller notes that the total order price consists of the product price and, where applicable, the delivery costs shown in the Shop.
3. The product selected for purchase must be added to the basket in the Shop.
4. The Buyer then selects a delivery method and a payment method from the options available in the Shop, and provides the information required to fulfil the order.
5. The order is placed when the Buyer confirms its details and accepts the Terms and Conditions.
6. Placing an order is equivalent to entering into a contract between the Buyer and the Seller.
7. The Buyer may register with the Shop by creating an Account, or shop without registering by providing their details for each order, if applicable.

§ 5 PAYMENTS

1. The following payment methods are available in the Shop:
   1. standard bank transfer to the Seller’s bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via the payment platform:
      • Przelewy24
      • TPay.com
   4. cash on delivery, i.e. by card or cash when the goods are delivered to the Buyer;
2. If the Buyer selects advance payment, the order must be paid for within 3 working days of being placed.
3. By shopping in the Shop, the Buyer agrees to receive electronic invoices from the Seller. The Buyer may withdraw this consent.
4. Online payment services are provided by Autopay S.A.

§ 6 ORDER FULFILMENT

1. The order fulfilment time is stated in the Shop.
2. If the Buyer selects advance payment for the order, the Seller will begin processing it once payment has been made.
3. If the Buyer purchases products with different fulfilment times as part of one order, the order will be fulfilled within the time applicable to the product with the longest fulfilment time.
4. Goods are delivered only within the territory of the Republic of Poland.
5. The following delivery method is available in the Shop: delivery by courier.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

1. A Privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Shop, subject to § 8 of the Terms and Conditions, within 14 days, without giving any reason.
2. The withdrawal period expires after 14 days from the day:
   1. on which the Privileged Buyer, or a third party other than the carrier and indicated by the Privileged Buyer, takes possession of the goods;
   2. on which the Privileged Buyer takes possession of the last good, batch or part, or on which a third party other than the carrier and indicated by the Privileged Buyer takes possession of the last good, batch or part, in the case of a contract requiring ownership of multiple goods to be transferred where the goods are delivered separately, in batches or in parts.
3. To exercise the right to withdraw from the contract, the Privileged Buyer must inform the Seller of their decision to withdraw by means of an unequivocal statement (for example, a letter sent by post or email), using the contact details given in § 2 of the Terms and Conditions.
4. The Privileged Buyer may use the model withdrawal form at the end of the Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information about exercising their right to withdraw from the contract before the withdrawal period expires.
   
   EFFECTS OF WITHDRAWAL FROM THE CONTRACT
6. If the contract is cancelled, the Seller shall refund the Privileged Buyer all payments received from them, including the cost of delivering the goods (except for any additional costs resulting from the Privileged Buyer choosing a delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay and, in any event, no later than 14 days from the date on which the Seller was informed of the Privileged Buyer’s decision to exercise their right to cancel the contract.
7. The Seller shall refund the payments using the same payment methods as those used by the Privileged Buyer for the original transaction, unless the Privileged Buyer agrees to a different method. In any event, the Privileged Buyer will not incur any fees in connection with the refund.
8. If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold the refund until receiving the goods or until the Privileged Buyer provides proof that they have sent them back, whichever occurs first.
9. The Seller asks that goods be returned to: ul. 29 Stycznia 16A, 89-422 Sypniewo without undue delay and, in any event, no later than 14 days from the date on which the Privileged Buyer informed the Seller of their cancellation of the sales contract. The deadline is met if the Privileged Buyer sends the goods back before the 14-day period expires.
10. The Privileged Buyer bears the direct cost of returning the goods.
11. The Privileged Buyer is liable only for any reduction in the value of the goods resulting from handling them in a way beyond what was necessary to establish their nature, characteristics and functioning.
12. If the goods cannot, by their nature, be returned by ordinary post, the Privileged Buyer will also have to bear the direct cost of returning them. The Seller will inform the Privileged Buyer of the estimated amount of these costs in the product description in the Shop or during the order process.
13. If a refund is required for a transaction made by the Privileged Buyer using a payment card, the Seller will refund the amount to the bank account linked to that card.

The Privileged Buyer may also submit a notice of cancellation of the contract relating to an order through their Account by selecting the order and submitting a return request. The Seller will promptly send confirmation that the notice has been received to the email address provided with the order. Use of the Account is voluntary and does not exclude the other methods of submitting a notice specified in the Terms and Conditions.

§ 8 EXCEPTIONS TO THE RIGHT TO CANCEL A CONTRACT

1. The right to cancel a distance contract, as referred to in § 7 of the Terms and Conditions, does not apply to contracts:
   1. where the subject of the contract is a non-prefabricated product, made to the Privileged Buyer’s specifications or to meet their individual needs;
   2. where the subject of the contract is a product that is liable to deteriorate quickly or has a short shelf life;
   3. where the subject of the contract is a product supplied in sealed packaging which cannot be returned once opened for health protection or hygiene reasons, if the packaging has been opened after delivery;
   4. where the subject of the contract is goods which, after delivery, become inseparably combined with other items by their nature;
   5. where the subject of the contract is audio or visual recordings or computer software supplied in sealed packaging, if the packaging has been opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, except for subscription contracts;
   7. where the price or remuneration depends on fluctuations in the financial market which are beyond the Seller’s control and may occur before the cancellation period expires.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the goods or services conforming to the contract, as provided for by generally applicable law, in particular the provisions of the Consumer Rights Act.
2. The Seller asks that complaints (including those concerning the operation of the Shop) be submitted to the postal or email address specified in § 2 of the Terms and Conditions.
3. If a product is covered by a guarantee, details of the guarantee and its terms are available in the Shop.
4. The Seller will respond to a complaint within 14 days of receiving it.

II PRIVILEGED BUYERS

1. Goods
   1. If goods do not conform to the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for any lack of conformity of the goods with the contract that existed when they were delivered and became apparent within two years of that date, unless the period for which the goods are fit for use, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Under the Consumer Rights Act, if goods do not conform to the contract, the Privileged Buyer may request:
      1. replacement of the goods,
      2. repair of the goods.
   4. In addition, the Privileged Buyer may give notice of:
      1. a price reduction,
      2. cancelling the contract
      if:
      • the Seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Act;
      • the Seller has failed to bring the goods into conformity with the contract in accordance with Article 43d(4-6) of the Consumer Rights Act;
      • the goods still do not conform to the contract despite the Seller having attempted to bring them into conformity;
      • the lack of conformity is so significant that it justifies a price reduction or cancellation of the contract without first using the remedies set out in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller’s statement or the circumstances that the Seller will not bring the goods into conformity within a reasonable time or without significant inconvenience to the Privileged Buyer.
   5. If goods are to be repaired or replaced, the Privileged Buyer should make them available to the Seller. The Seller will collect the goods from the Privileged Buyer at the Seller’s expense.
   6. The Privileged Buyer may not cancel the contract if the lack of conformity of the goods with the contract is minor.
   7. If the contract is cancelled as referred to in this section (concerning goods), the Privileged Buyer shall promptly return the goods to the Seller at the Seller’s expense, to ul. 29 Stycznia 16A, 89-422 Sypniewo. The Seller shall refund the price to the Privileged Buyer promptly and no later than 14 days from the date of receiving the goods or proof that they have been sent back.
   8. The Seller shall refund the Privileged Buyer any amounts due as a result of exercising the right to a price reduction without delay, and no later than within 14 days of receiving the Privileged Buyer's notice of the price reduction.
2. Out-of-court procedures for handling complaints and pursuing claims
   1. The Seller informs the Consumer of the possibility of using out-of-court procedures for handling complaints and pursuing claims. Information on how to access these procedures is available at the offices or on the websites of the bodies authorised to settle disputes out of court. The Consumer may use, among other things:
      • assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes involving cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of the Consumer Centres relevant to each country is available at: https://konsument.gov.pl/eck-w-europie/
      • the European Commission's online ODR (Online Dispute Resolution) platform, available at: https://ec.europa.eu/consumers/odr
      In addition, the following forms of assistance are available in the Republic of Poland:
      • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, which should be contacted with a request for mediation. The procedure is generally free of charge. A list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
      • assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application should be submitted to have the case heard by the arbitration court. The procedure is generally free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
   2. The preceding provision is for information purposes only and does not oblige the Seller to use out-of-court dispute resolution procedures.
   3. Using out-of-court procedures for handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
   4. The Consumer may also obtain free assistance from a municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. For the avoidance of doubt, the Seller draws attention to the fact that the provision in § 11 section 7 applies to the Seller's liability to a Buyer other than a Privileged Buyer in connection with a complaint.

A complaint concerning an order may also be submitted via the Account by selecting the order and the complaint option. Use of the Account is voluntary and does not exclude the other methods of submitting a complaint set out in the Terms and Conditions.

§ 10 PERSONAL DATA

1. The controller of the personal data provided by the Buyer when using the Shop is the Seller. Detailed information about the Seller's processing of personal data—including other purposes and legal bases for processing, as well as data recipients—is set out in the privacy policy available in the Shop, in accordance with the principle of transparency laid down in the General Data Protection Regulation of the European Parliament and of the Council (EU), known as “GDPR”.
2. The purpose for which the Seller processes the Buyer's data, provided by the Buyer in connection with purchases in the Shop, is to fulfil orders. The legal bases for processing personal data in this case are:
   • the contract, or steps taken at the Buyer's request prior to entering into the contract (Article 6(1)(b) GDPR),
   • the Seller's legal obligation relating to accounting (Article 6(1)(c) GDPR), and
   • the Seller's legitimate interest in processing data to establish, pursue or defend any claims (Article 6(1)(f) GDPR).
3. Providing data is voluntary for the Buyer, but is also necessary to enter into the contract. Failure to provide the data will make it impossible to enter into a contract in the Shop.
4. The Buyer's data provided in connection with purchases in the Shop will be processed until:
   1. the contract between the Buyer and the Seller ceases to be in force;
   2. the Seller is no longer subject to a legal obligation requiring it to process the Buyer's data;
   3. the possibility for the Buyer or the Seller to pursue claims relating to the contract concluded through the Shop ceases to exist;
   4. the Buyer's objection to the processing of their personal data is upheld, where the processing was based on the Seller's legitimate interest
   – whichever applies in the circumstances.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. rectification of that data,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller
      and also has the right to:
   6. object at any time, on grounds relating to the Buyer's particular situation, to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. processing based on the Seller's legitimate interests).
6. To exercise their rights, the Buyer should contact the Seller using the details set out in § 2 of the Terms and Conditions.
7. If the Buyer considers that their data is being processed unlawfully, they may lodge a complaint with the data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

1. The Buyer is prohibited from supplying unlawful content.
2. Each order placed in the Shop constitutes a separate contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the period and purpose of fulfilling the order.
3. All contracts concluded under these Terms and Conditions are governed by Polish law, subject to section 4.
4. The choice of Polish law for contracts concluded under the Terms and Conditions with a Consumer does not deprive or restrict that Buyer of any rights available under mandatory legal provisions applicable to the Consumer where no choice of law has been made. In particular, if the national provisions applicable to the Consumer provide greater protection than these Terms and Conditions or Polish law, that greater protection shall apply.
5. Contracts concluded under the Terms and Conditions are concluded in Polish.
6. In the event of a dispute relating to a contract concluded through the Shop with a Buyer who is not a Privileged Buyer, the competent court shall be the court with jurisdiction over the Seller's registered office.
7. The Seller's liability to a Buyer who is not a Privileged Buyer in respect of a contract concluded through the Shop is excluded, to the extent permitted by law.

Account Terms and Conditions

at the Garden Polska shop

CONTENTS
§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right to withdraw from the contract
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and has entered into an agreement to maintain an Account under these Terms and Conditions, or is taking steps to enter into such an agreement, without a direct connection to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, enabling the Service Recipient to use additional features in the Shop.
Privileged Trader - a Service Recipient who is a natural person entering into an agreement to maintain an Account under these Terms and Conditions (or taking steps to enter into such an agreement) directly in connection with their business activity, but where the agreement is not of a professional nature for them.
Terms and Conditions - these Account Terms and Conditions.
Shop – the Garden Polska online shop operated by the Service Provider at gardpol.pl
Service Recipient - any entity that has entered into an agreement to maintain an Account or is taking steps to enter into such an agreement.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Trader.
Service Provider - TODO OSOWSKI & GORGOŃ General Partnership, with its registered office at ul. 29 Stycznia 16A, 89-422 Sypniewo, entered in the National Court Register – Register of Entrepreneurs by the DISTRICT COURT IN BYDGOSZCZ, XIII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER, under KRS no. 0000814715, NIP 5040077307, REGON no. 38490695800000, share capital of 60000.00 PLN.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACTING THE SERVICE PROVIDER

1. Postal address: ul. 29 Stycznia 16A, 89-422 Sypniewo
2. Email address: sklep@gardpol.pl
3. Telephone: 690006926
4. The cost of telephone calls or data transmission made by the Service Recipient is determined by the standard tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff applied by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. The following are required to create and use an Account correctly:
   • an active email account,
   • a device with internet access,
   • an internet browser that supports JavaScript and cookies.

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and at the Service Recipient’s discretion.
2. An Account gives the Service Recipient additional options, such as viewing their order history in the Shop, checking an order’s status and editing their own details.
3. To create an Account, the relevant form must be completed in the Shop.
4. When an Account is created, an agreement to maintain the Account for an indefinite period is concluded between the Service Recipient and the Service Provider on the terms set out in these Terms and Conditions.
5. The Service Provider begins providing the Account service on the terms set out in these Terms and Conditions immediately after the agreement to maintain the Account is concluded.
6. The Service Recipient may close their Account at any time without incurring any costs.
7. Deleting the Account terminates the agreement to maintain the Account. To have the Account deleted by the Service Provider, the Service Recipient must send a request to close the Account to the Service Provider’s email address given in § 2 of these Terms and Conditions. The Account will then be deleted and the agreement to maintain it terminated without delay.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider asks that complaints concerning the Account be submitted to the postal or email address specified in § 2 of these Terms and Conditions.
2. The Service Provider will respond to a complaint within 14 days of receiving it.

II PRIVILEGED SERVICE RECIPIENTS

1. The Service Provider is liable to the Privileged Service Recipient for the service’s conformity with the contract, as provided for by generally applicable law, in particular the provisions of the Consumer Rights Act.
2. If the Service Provider does not properly perform the agreement to maintain the Account, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
3. If the Service Provider has not supplied the digital service, the Privileged Service Recipient may request that it be supplied. If the Service Provider still fails to supply the digital service without delay or within an additional period expressly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the agreement to maintain the Account.
4. The Privileged Service Recipient may withdraw from the agreement to maintain the Account without requesting that the digital service be supplied if:
   1. it is clear from the Service Provider’s statement or the circumstances that the digital service will not be supplied; or
   2. the Privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances in which the agreement to maintain the Account was concluded, that a specific delivery date for the digital service was essential for the Privileged Service Recipient, and the Service Provider failed to supply it by that date.
5. The Service Provider is liable for any lack of conformity with the agreement to maintain the Account of a digital service supplied continuously, which occurs or becomes apparent during the period in which the service was to be supplied under that agreement.
6. If the digital service does not conform to the agreement to maintain the Account, the Privileged Service Recipient may request that it be brought into conformity with that agreement.
7. If the digital service does not conform to the agreement to maintain the Account, the Privileged Service Recipient must cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, to determine whether the digital service’s lack of conformity with the agreement to maintain the Account within a reasonable time is due to the characteristics of the Privileged Service Recipient’s digital environment.
8. In addition, if the digital service does not conform to the agreement to maintain the Account, the Privileged Service Recipient may give notice of withdrawal from that agreement where:
   1. bringing the digital service into conformity with the agreement for maintaining the Account is impossible or would involve excessive costs, pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
   2. the Service Provider has not brought the digital service into conformity with the agreement for maintaining the Account within a reasonable time from the point at which the Service Provider was informed by the privileged Service Recipient of the lack of conformity with that agreement, and without significant inconvenience to the privileged Service Recipient, taking into account the nature and purpose for which the digital service is used;
   3. the digital service’s lack of conformity with the agreement for maintaining the Account persists despite the Service Provider having attempted to bring the digital service into conformity with that agreement;
   4. the digital service’s lack of conformity with the agreement for maintaining the Account is so significant that it justifies terminating the agreement for maintaining the Account without first using the remedy specified in Article 43m of the Consumer Rights Act (i.e. requesting that the digital service be brought into conformity with the agreement);
   5. the Service Provider’s statement or the circumstances clearly indicate that the Service Provider will not bring the digital service into conformity with the agreement for maintaining the Account within a reasonable time or without significant inconvenience to the privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND CLAIMS PROCEDURES

1. The Service Provider informs the Consumer that out-of-court complaint handling and claims procedures are available. The rules for accessing these procedures are available at the offices or on the websites of bodies authorised to resolve disputes out of court. The Consumer may, among other options, use:
   • assistance from the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes involving cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of Consumer Centres for each country is available at: https://konsument.gov.pl/eck-w-europie/
   • the European Commission’s Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
   In addition, the following forms of support are available in the Republic of Poland:
   • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, which should be contacted with a request for mediation. The procedure is generally free of charge. A list of Inspectorates is available here: >https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
   • assistance from the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application should be submitted to have the case considered by the arbitration court. The procedure is generally free of charge. A list of courts is available at: >https://uokik.gov.pl/stale_sady_polubowne.php
2. The preceding provision is for information purposes and does not oblige the Service Provider to use out-of-court dispute resolution methods.
3. Using out-of-court complaint handling and claims procedures is voluntary for both the Service Provider and the Consumer.
4. The Consumer may also seek free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE CONTRACT

1. The privileged Service Recipient has the right to withdraw from the agreement for maintaining the Account concluded with the Service Provider within 14 days, without giving any reason.
2. The period for withdrawing from the agreement for maintaining the Account expires after 14 days from the date on which the agreement was concluded.
3. To exercise the right to withdraw from the agreement, the privileged Service Recipient must inform the Service Provider of their decision to withdraw by means of an unequivocal statement (for example, a letter sent by post or email), using the contact details provided in § 2 of the Terms and Conditions.
4. The privileged Service Recipient may use the model withdrawal form provided at the end of the Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the privileged Service Recipient to send information about exercising their right to withdraw from the agreement before the withdrawal period expires.

§ 7 PERSONAL DATA

1. The Service Provider is the controller of the personal data provided by the Service Recipient in connection with concluding the agreement for maintaining the Account. Detailed information about the Service Provider’s processing of personal data—including other purposes and legal bases for processing, as well as data recipients—is set out in the privacy policy available in the Shop, in accordance with the transparency principle in the General Data Protection Regulation of the European Parliament and of the Council (EU), the “GDPR”.
2. The purpose of processing the Service Recipient’s data is to maintain the Account. The legal basis for processing personal data in this case is the agreement for maintaining the Account or steps taken at the Service Recipient’s request with a view to concluding it (Article 6(1)(b) GDPR), as well as the Service Provider’s legitimate interest in processing data to establish, pursue or defend potential claims (Article 6(1)(f) GDPR).
3. Providing data is voluntary for the Service Recipient, but is also necessary to conclude the agreement for maintaining the Account and provide the services covered by it. If the data is not provided, the agreement for maintaining the Account cannot be concluded and the Service Provider will be unable to provide the services covered by it.
4. The Service Recipient’s data will be processed until:
   1. the agreement for maintaining the Account ceases to be in force;
   2. it is no longer possible for the Service Recipient or the Service Provider to pursue claims relating to the Account;
   3. the Service Recipient’s objection to the processing of their personal data is accepted—where the processing was based on the Service Provider’s legitimate interest
   – depending on which applies in the particular case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification of their data,
   3. erasure,
   4. restriction of processing,
   5. transfer of their data to another controller
      and also the right to:
   6. object at any time, on grounds relating to the Service Recipient’s particular situation, to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. processing based on the Service Provider’s legitimate interests).
6. To exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient considers that their data is being processed unlawfully, they may lodge a complaint with the competent personal data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 AMENDMENTS TO THE TERMS AND CONDITIONS OR THE ACCOUNT

1. The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason means the need to amend the Terms and Conditions resulting from:
   1. a change to the Account’s functionality that requires the Terms and Conditions to be amended, or
   2. a change in legislation affecting the performance by the Service Provider of the agreement for maintaining the Account, or adapting the services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of competent public authorities, or
   3. a change to the Service Provider’s contact or identification details.
2. Information about a planned change to the Terms and Conditions will be sent to the e-mail address assigned to the Service Recipient’s Account at least 7 days before the changes take effect.
3. If the Service Recipient does not object to the planned changes by the time they take effect, they will be deemed to have accepted them. This does not prevent the agreement from being terminated at a later date.
4. If the Service Recipient does not accept the planned changes, they should send notification to the Service Provider’s e-mail address specified in § 2 of the Terms and Conditions. This will result in termination of the agreement for maintaining the Account when the planned changes take effect.
5. The Service Provider may make a change to the Account that is not necessary to ensure its conformity with the agreement for maintaining the Account, for a reason specified in section 1(b) or due to a change in the Account’s functionality. The change referred to in the previous sentence will not entail any costs for the privileged Service Recipient. Section 2-4 shall apply accordingly.
6. If a change referred to in section 5 has a significant adverse effect on the privileged Service Recipient’s access to or use of the Account, the Service Provider will send the privileged Service Recipient, to their e-mail address and on a durable medium, information about the nature of the change, when it will be made and the rights the privileged Service Recipient has in connection with it, giving appropriate advance notice.

§ 9 FINAL PROVISIONS

1. The Service Recipient must not provide any unlawful content.
2. The agreement for maintaining the Account is concluded in Polish.
3. An agreement concluded under these Terms and Conditions is governed by Polish law, subject to section 4.
4. Choosing Polish law for an agreement concluded under these Terms and Conditions with a Consumer does not deprive the Consumer of, or restrict, any rights they have under mandatory legal provisions applicable to the Consumer where no choice of law has been made. In particular, if the national laws applicable to a Consumer provide greater protection than these Terms and Conditions or Polish law, that greater protection shall apply.
5. In the event of a dispute relating to the agreement for maintaining the Account with a Service Recipient who is not a privileged Service Recipient, the court with jurisdiction shall be the court for the Service Provider’s registered office.
6. To the extent permitted by law, the Service Provider excludes all liability in connection with the agreement for maintaining the Account towards a Service Recipient who is not a privileged Service Recipient.

Newsletter Terms and Conditions

at the Garden Polska shop

CONTENTS
§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right to withdraw from the Agreement
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final provisions

§ 1 DEFINITIONS

§ 2 CONTACTING THE SERVICE PROVIDER

1. Postal address: ul. 29 Stycznia 16A, 89-422 Sypniewo
2. E-mail address: sklep@gardpol.pl
3. Telephone: 690006926
4. The cost of telephone calls or data transmission made by the Service Recipient is determined by the standard tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff applied by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. The following are required to use the digital content covered by these Terms and Conditions:
   • an active e-mail account;
   • a device with internet access;
   • a web browser that supports JavaScript and cookies.

§ 4 AGREEMENT

1. The Service Recipient may sign up to the Newsletter voluntarily.
2. An Agreement must be concluded in order to receive the Newsletter.
3. E-mails sent under the Agreement will be sent to the e-mail address provided by the Service Recipient when concluding the Agreement.
4. To enter into the Agreement, the Service Recipient first enters their email address in the designated section of the Shop, where they wish to receive messages sent under the Agreement. The Agreement is concluded for an indefinite period when they subscribe to the Newsletter, and the Service Provider will begin providing the service to the Service Recipient, subject to paragraph 5.
5. To ensure the Agreement is properly performed, the Service Recipient must provide a valid email address.
6. The Newsletter is delivered as soon as the Service Provider has created messages intended for Service Recipients.
7. The Service Recipient may unsubscribe from the Newsletter at any time, without giving a reason or incurring any costs, by sending a message to the Service Provider’s email address specified in § 2 of the Terms and Conditions.
8. Sending a message requesting to unsubscribe from the Newsletter will result in the Agreement being terminated immediately.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider asks that complaints concerning digital content covered by the Terms and Conditions be submitted by post or email to the address specified in § 2 of the Terms and Conditions.
2. The Service Provider will respond to a complaint within 14 days of receiving it.

II PRIVILEGED SERVICE RECIPIENTS

1. The Service Provider is liable to a Privileged Service Recipient for the service’s conformity with the Agreement, as provided for by generally applicable law, in particular the provisions of the Consumer Rights Act.
2. If the Service Provider fails to perform the Agreement properly, the Privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
3. If the Service Provider has not supplied the digital content covered by the Agreement, the Privileged Service Recipient may call on them to supply it. If the Service Provider still fails to supply the digital content covered by the Agreement immediately or within an additional period expressly agreed between the Privileged Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
4. The Privileged Service Recipient may withdraw from the Agreement without calling on the Service Provider to supply the digital content covered by the Agreement if:
   • it is clear from the Service Provider’s statement or the circumstances that they will not supply the digital content covered by the Agreement; or
   • the Privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances in which the Agreement was concluded, that a specified delivery date for the digital content covered by the Agreement was essential to the Privileged Service Recipient, and the Service Provider did not supply it by that date.
5. The Service Provider is liable for any lack of conformity of the Newsletter with the Agreement that occurs or becomes apparent during the period in which the Newsletter was to be supplied under the Agreement, given that it is supplied on a continuous basis.
6. If the digital content covered by the Terms and Conditions does not conform to the Agreement, the Privileged Service Recipient may require it to be brought into conformity with the Agreement.
7. If the digital content covered by the Terms and Conditions does not conform to the Agreement, the Privileged Service Recipient must cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means available to them, to determine whether the lack of conformity within a reasonable time is due to the characteristics of the Privileged Service Recipient’s digital environment.
8. In addition, if the digital content covered by the Terms and Conditions does not conform to the Agreement, the Privileged Service Recipient may give notice of withdrawal from the Agreement if:
   • bringing the digital content into conformity with the Agreement is impossible or would involve excessive costs, in accordance with Article 43m(2) and (3) of the Consumer Rights Act;
   • the Service Provider has failed to bring the digital content covered by the Terms and Conditions into conformity with the Agreement within a reasonable time after being informed by the Privileged Service Recipient of the lack of conformity, and without causing the Privileged Service Recipient undue inconvenience, taking into account the nature and purpose for which the digital content is used;
   • the digital content covered by the Terms and Conditions still does not conform to the Agreement, despite the Service Provider having attempted to bring it into conformity;
   • the lack of conformity of the digital content covered by the Terms and Conditions is so significant that it justifies withdrawing from the Agreement without first using the remedy set out in Article 43m of the Consumer Rights Act (i.e. requiring the digital content to be brought into conformity with the Agreement);
   • it is clear from the Service Provider’s statement or the circumstances that they will not bring the digital content covered by the Terms and Conditions into conformity with the Agreement within a reasonable time or without causing the Privileged Service Recipient undue inconvenience.

III OUT-OF-COURT METHODS OF DEALING WITH COMPLAINTS AND PURSUING CLAIMS

1. The Service Provider informs the Consumer that out-of-court methods of dealing with complaints and pursuing claims are available. Information on how to access these procedures is available at the offices or on the websites of bodies authorised to resolve disputes out of court. The Consumer may, among other things, use:
   • the assistance of the relevant European Consumer Centre within the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes involving cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. A list of the Consumer Centres relevant to each country is available at: https://konsument.gov.pl/eck-w-europie/
   • the European Commission’s Online Dispute Resolution (ODR) platform, available at: https://ec.europa.eu/consumers/odr
   In addition, the following forms of assistance are available in the Republic of Poland:
   • mediation conducted by the territorially competent Regional Inspectorate of Trade Inspection, which should be contacted with a request for mediation. The procedure is generally free of charge. A list of Inspectorates is available here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
   • assistance from the territorially competent permanent consumer arbitration court operating at the Regional Inspectorate of Trade Inspection. An application for the case to be heard by the arbitration court should be submitted to that court. The procedure is generally free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
2. The preceding provision is for information purposes only and does not constitute an undertaking by the Service Provider to use out-of-court dispute resolution methods.
3. Using out-of-court methods of dealing with complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
4. The Consumer may also obtain free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT TO WITHDRAW FROM THE AGREEMENT

1. The Privileged Service Recipient has the right to withdraw from the Agreement concluded with the Service Provider within 14 days, without giving any reason.
2. The period for withdrawing from the Agreement expires after 14 days from the date on which the Agreement was concluded.
3. To exercise the right to withdraw from the Agreement, the Privileged Service Recipient must inform the Service Provider, using the contact details given in § 2 of the Terms and Conditions, of their decision to withdraw from the Agreement by means of an unequivocal statement (for example, a letter sent by post or email).
4. The Privileged Service Recipient may use the model withdrawal form included at the end of the Terms and Conditions, but this is not compulsory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of their right to withdraw from the Agreement before the withdrawal period expires.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information about the Service Provider’s processing of personal data – including other purposes and legal bases for processing, as well as data recipients – is set out in the privacy policy available in the Shop, in accordance with the principle of transparency laid down in the General Data Protection Regulation of the European Parliament and of the Council (EU) – “GDPR”.
2. The Service Recipient’s data is processed for the following purposes:
   • performance of the Agreement; in this case, the legal basis for processing personal data is the Agreement or steps taken at the Service Recipient’s request with a view to entering into it (Article 6(1)(b) GDPR);
   • analysing the effectiveness of messages sent as part of the Agreement, in order to establish general rules for effective communications in the Service Provider’s business; the legal basis for processing personal data for this purpose is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR);
   • establishing, pursuing or defending any claims related to the Agreement; the legal basis for processing personal data for this purpose is the Service Provider’s legitimate interest (Article 6(1)(f) GDPR).
3. Providing data by the Service Recipient is voluntary, but is also necessary to enter into the Agreement and deliver the digital content covered by it. If the data is not provided, the Agreement cannot be entered into and the Service Provider will not deliver the digital content covered by it.
4. The Service Recipient’s data will be processed until:
   1. the Agreement ceases to be in force;
   2. the possibility of the Service Recipient or the Service Provider pursuing claims related to the Agreement comes to an end;
   3. the Service Recipient’s objection to the processing of their personal data is accepted – where the processing was based on the Service Provider’s legitimate interest
   – depending on which applies in the given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification of that data,
   3. erasure of that data,
   4. restriction of processing,
   5. transfer of the data to another controller
      and also the right to:
   6. object at any time, on grounds relating to the Service Recipient’s particular situation, to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. processing based on the legitimate interests pursued by the Service Provider).
6. To exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient considers that their data is being processed unlawfully, they may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 AMENDMENTS TO THE TERMS AND CONDITIONS OR NEWSLETTER

1. The Service Provider reserves the right to amend the Terms and Conditions only for valid reasons. A valid reason means the need to amend the Terms and Conditions as a result of:
   1. a change to the functionality of the Newsletter requiring amendments to the Terms and Conditions, or
   2. a change in the law affecting the Service Provider’s performance of the Agreement, or the need to adapt the services to recommendations, guidelines, orders or prohibitions, judgments, decisions, interpretations or rulings issued by competent public authorities, or
   3. a change to the Service Provider’s contact or identification details.
2. Information about a planned amendment to the Terms and Conditions will be sent to the Service Recipient’s email address provided when the Agreement was entered into at least 7 days before the amendments come into force.
3. If the Service Recipient does not object to the planned amendments before they come into force, they will be deemed to have accepted them. This does not prevent the Agreement from being terminated at a later date.
4. If the Service Recipient does not accept the planned amendments, they should send notice to that effect to the Service Provider’s email address given in § 2 of the Terms and Conditions. The Agreement will then terminate when the planned amendments come into force.
5. The Service Provider may make a change to the Newsletter that is not necessary to ensure its conformity with the Agreement, for the reason specified in section 1(b) or as a result of a change to the Newsletter’s functionality. The change referred to in the preceding sentence will not entail any costs for the Privileged Service Recipient. Section 2-4 applies accordingly.
6. If the change referred to in the previous provision has a significant adverse effect on the Privileged Service Recipient’s access to or use of the Newsletter, the Service Provider will send the Privileged Service Recipient, by email and on a durable medium, information about the nature and date of the change and the rights available to the Privileged Service Recipient in connection with it, giving appropriate advance notice.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing content that is unlawful.
2. The Agreement is entered into in Polish.
3. An Agreement entered into under these Terms and Conditions is governed by Polish law, subject to section 4.
4. The choice of Polish law for an Agreement entered into under these Terms and Conditions with a Consumer does not deprive or restrict the Consumer of any rights they have under mandatory provisions of law applicable to that Consumer where no choice of law has been made. In particular, if the national law applicable to a given Consumer provides greater protection than these Terms and Conditions or Polish law, that greater protection will apply.
5. In the event of a dispute related to the Agreement with a Service Recipient who is not a Privileged Service Recipient, the court with jurisdiction will be the court having jurisdiction over the Service Provider’s registered office.
6. To the extent permitted by law, the Service Provider excludes all liability in connection with the Agreement towards a Service Recipient who is not a Privileged Service Recipient.