TABLE OF CONTENTS:
1. GENERAL PROVISIONS
2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS, AND TERMS OF PRODUCT DELIVERY AND RECEIPT
6. PROCEDURE FOR HANDLING COMPLAINTS
7. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND ASSERTING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
9. PROVISIONS CONCERNING ENTREPRENEURS
10. PRODUCT REVIEWS
11. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE TERMS
12. FINAL PROVISIONS
13. TEMPLATE WITHDRAWAL FORM
This Online Store Regulation has been prepared by the lawyers of the Prokonsumencki.pl service. The Online Store www.lemoniade.com cares about consumer rights. A consumer cannot waive the rights granted to them by the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of this Regulation are not intended to exclude or limit any consumer rights granted to them under binding legal provisions, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of this Regulation and the above regulations, the priority is given to those regulations, and they should be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.lemoniade.com is operated by the company MS FACTORY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Gliwice. The contact details and registration information of the company are available on the website.
1.2. This Regulation applies to both consumers and entrepreneurs using the Online Store.
1.3. The controller of personal data processed in the Online Store is the Seller. Information regarding the processing of personal data is available in the privacy policy on the Store's website.
1.4. Definitions:
BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
CONTACT FORM – Electronic Service allowing direct contact with the Service Provider.
REGISTRATION FORM – Form available in the Online Store enabling the creation of an Account.
ORDER FORM – Electronic Service allowing the placement of Orders in the Online Store.
CUSTOMER – an individual, legal entity, or organizational unit without legal personality using the Online Store.
ACCOUNT – Electronic Service designated by an individual name (login) and password provided by the Service Recipient, collecting resources in the IT system of the Service Provider, where the data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
NEWSLETTER – Electronic Service, a distribution service provided by the Service Provider via email, allowing all Service Recipients using it to automatically receive periodic content from the Service Provider containing information about Products, news, and promotions in the Online Store.
PRODUCT – (1) movable item (including a movable item with digital elements, i.e., containing digital content or a digital service, or connected with them in such a way that the lack of digital content or digital service would prevent its proper functioning) being the subject of a Sales Agreement between the Customer and the Seller.
REGULATIONS – This regulation of the Online Store.
ONLINE STORE – Store available at www.lemoniade.com.
SELLER; SERVICE PROVIDER – MS FACTORY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ.
SALES AGREEMENT – Agreement between the Customer and the Seller for the purchase of a Product.
ELECTRONIC SERVICE – Service provided electronically by the Service Provider to the Service Recipient via the Online Store.
SERVICE RECIPIENT – (1) an individual with full legal capacity, and in cases provided for by generally applicable laws, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without legal personality, which has legal capacity – using or intending to use the Electronic Service.
CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (Journal of Laws of 2014, item 827, as amended).
ORDER – Customer's declaration of intent submitted using the Order Form, directly aimed at concluding a Sales Agreement for the Product with the Seller.
DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277 of 27.10.2022, pp. 1–102).
ILLEGAL CONTENT – information that, either in itself or by reference to its operation, including the sale of Products or provision of Electronic Services, is not in accordance with the laws of the European Union or the laws of any Member State that complies with the laws of the European Union, regardless of the specific subject or nature of that law.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Contact Form, Order Form, Account, and Newsletter.
2.1.1. Contact Form – using the Contact Form begins after the Service Recipient completes two consecutive steps: (1) navigating to the "Contact" tab and (2) clicking on the Online Store page after completing the Contact Form by filling in the "Send" field. The Contact Form requires the Service Recipient to provide the following information: email address and the content of the inquiry.
2.1.1.1. The Contact Form service is provided free of charge, has a one-time character, and ends upon submitting the inquiry.
2.1.2. Order Form – using the Order Form starts when the Customer adds the first Product to the electronic shopping cart in the Online Store. Placing an order occurs after the Customer completes two consecutive steps: (1) filling in the Order Form and (2) clicking on the Online Store page after completing the Order Form in the "ORDER AND PAY" field. Until this point, there is an opportunity for independent modification of the entered data (in this case, the Customer should follow the displayed messages and information available on the Online Store's website). The Order Form requires the Customer to provide the following data regarding the Customer: first name, last name, address (street name, house number, city, postal code), contact phone number, email address, and data regarding the Sales Agreement: Product/s, quantity of Product/s, place and method of Product/s delivery, payment method. For non-consumer Customers, it is also necessary to provide the company name and tax identification number (NIP).
2.1.2.1. The Electronic Service Order Form is provided free of charge, has a one-time character, and ends upon placing the order or earlier if the Service Recipient discontinues placing the order through the Service.
2.1.3. Account – using the Account is possible after the Service Recipient completes two consecutive steps: (1) filling in the Registration Form, (2) clicking the "CREATE AN ACCOUNT IN THE STORE" field. The Registration Form requires the Service Recipient to provide the following data: login, password, first name, last name, address (street name, house number, postal code, city), contact phone number, and email address. An Account can also be created by checking the appropriate checkbox when placing an order in the Order Form – with the order placement, the Customer's Account is created.
2.1.3.1. The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resign from the Account) by sending a relevant request to the Service Provider, in particular via email to: sklep@lemoniade.com or in writing to the address: ul. Toszecka 102, room 410, 44-100 Gliwice.
2.1.4. Newsletter – using the Newsletter is possible by: (1) checking the appropriate checkbox when creating an Account – upon creating an Account, the Service Recipient is subscribed to the Newsletter, (2) checking the appropriate checkbox in the Account settings – by clicking the "CHANGE ACCOUNT DATA" field, the Service Recipient is subscribed to the Newsletter, (3) checking the appropriate checkbox when placing an order via the Order Form – upon placing the order, the Service Recipient is subscribed to the Newsletter, (4) providing an email address in the "Newsletter" tab visible on the Online Store's website and clicking the "JOIN" field – by clicking the "JOIN" field, the Service Recipient is subscribed to the Newsletter.
2.1.4.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter by (1) sending a relevant request to the Service Provider, especially via email to: sklep@lemoniade.com or in writing to the address: ul. Toszecka 102, room 410, 44-100 Gliwice; (2) checking the appropriate checkbox in the Account settings – by clicking the "CHANGE ACCOUNT DATA" field, the Service Recipient is unsubscribed from the Newsletter.
2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop, or other multimedia device with internet access; (2) access to email; (3) internet browser in the current version: Mozilla Firefox; Internet Explorer; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the option to save Cookies files and supporting JavaScript in the internet browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practices, taking into account the respect for personal rights, copyrights, and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state of affairs. The Service Recipient is prohibited from providing content of an unlawful nature.
2.4. The procedure for handling complaints regarding Electronic Services is specified in point 6 of the Regulations.
3. TERMS OF CONCLUDING A SALES AGREEMENT
3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an order using the Order Form in the Online Store in accordance with point 2.1.2. of the Regulations.
3.2. The price of the Product displayed on the Online Store's website is given in Polish zlotys and includes taxes. The Customer is informed about the total price with taxes of the Product covered by the Order, as well as about the costs of delivery (including fees for transport, delivery, and postal services) and other costs, and when it is impossible to determine the amount of these fees - about the obligation to pay them, on the Online Store's website during the ordering process, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.
3.3. The procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer places an order in the Online Store in accordance with point 2.1.2. of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. Confirmation of receipt of the Order and its acceptance for execution occurs by sending the Customer a relevant e-mail message to the e-mail address provided by the Customer during the ordering process, which contains at least the Seller's statements about receiving the Order and accepting it for execution, and confirmation of the conclusion of the Sales Agreement. Upon receiving the above e-mail message, the Sales Agreement is concluded between the Customer and the Seller.
3.4. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement is done by (1) making this Regulation available on the Online Store's website and (2) sending the Customer an e-mail message, as mentioned in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
PAYMENT METHODS AND TERMS FOR PRODUCTS
4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:
4.1.1. Cash payment upon receipt of the shipment.
4.1.2. Bank transfer payment to the Seller's bank account.
4.1.3. Electronic payments and credit card payments through the Przelewy24.pl or PayPal.com service – the currently available payment methods are specified on the Online Store's information page regarding payment methods and on the website https://www.przelewy24.pl/ and https://www.paypal.com/pl.
4.1.3.1. Transactions for electronic payments and credit card payments are conducted according to the Customer's choice through the Przelewy24.pl or PayPal.com service. The electronic and credit card payment services are provided by:
4.1.3.1.1. Przelewy24.pl – PayPro S.A. with its registered office in Poznań (address: ul. Kanclerska 15, 60-327 Poznań), entered into the National Court Register maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Economic Department of the National Court Register under the number KRS 0000347935, share capital: PLN 5,476,300.00 fully paid, NIP 7792369887, REGON 301345068.
4.1.3.1.2. PayPal.com – PayPal (Europe) S.a r.l. & Cie, S.C.A., 5th floor, 22–24 Boulevard Royal, L-2449, Luxembourg.
4.1.4. Deferred payment via PayPo.pl – a service allowing the postponement of the payment deadline for up to 30 days from the conclusion of the Sales Agreement.
4.1.4.1. Deferred payment services are provided by PayPo Sp. z o.o. with its registered office in Warsaw (address: ul. Domaniewska 37, 02-672 Warsaw), entered into the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Economic Department of the National Court Register under the number KRS 0000575158, share capital: PLN 836,600.00, NIP: 5213705997, REGON: 362485126.
4.2. Payment term:
4.2.1. In the case of the Customer choosing payment by bank transfer, electronic payment, or credit card payment, the Customer must make the payment within 7 calendar days from the date of concluding the Sales Agreement.
4.2.2. In the case of the Customer choosing cash payment upon receipt of the shipment, the Customer must make the payment upon receipt of the shipment.
4.2.3. In the case of the Customer choosing deferred payment via PayPo, the Customer must make the payment to PayPo Sp. z o.o. within 30 calendar days from the date of concluding the Sales Agreement or – in the case of the Customer choosing installment payment – repay the debt according to the repayment schedule agreed with PayPo Sp. z o.o.
5. COST, METHODS, AND DELIVERY TERMS AS WELL AS PRODUCT RECEIPT
5.1. Delivery of the Product to the Customer is free of charge unless the Sales Agreement specifies otherwise. The costs of delivering the Product (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store's information page regarding delivery costs and during the order placement, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.
5.2. Personal pickup of the Product by the Customer is free of charge.
5.3. The Seller provides the Customer with the following methods of delivery or receipt of the Product:
5.3.1. Courier shipment, cash-on-delivery courier shipment.
5.3.2. Parcel locker shipment.
5.4. The delivery term of the Product to the Customer is up to 3 business days, unless a shorter term is specified in the description of the specific Product or during the order placement. In the case of Products with different delivery terms, the delivery term is the longest specified term, which, however, cannot exceed 3 business days. The commencement of the delivery term of the Product to the Customer is calculated as follows:
5.4.1. In the case of the Customer choosing payment by bank transfer, electronic payment, or credit card payment – from the date of crediting the Seller's bank account or settlement account.
5.4.2. In the case of the Customer choosing cash payment upon receipt – from the date of concluding the Sales Agreement.
5.4.3. In the case of the Customer choosing installment payment or deferred payment – from the date of the Seller's notification by the credit provider about the conclusion of a credit agreement with the Customer, but no later than from the date of crediting the Seller's bank account with the funds from the credit granted to the Customer.
6. COMPLAINTS PROCEDURE
6.1. This point 6 of the Regulations defines the complaints procedure applicable to all complaints submitted to the Seller, including complaints related to Products, Sales Agreements, Electronic Services, and other complaints related to the Seller's or Online Store's operations.
6.2. Complaints can be submitted:
6.2.1. in writing to the address: ul. Toszecka 102, room 410, 44-100 Gliwice;
6.2.2. electronically via email to: sklep@lemoniade.com.
6.3. The return or delivery of a Product as part of a complaint can be made to the address: ul. Toszecka 102, room 410, 44-100 Gliwice.
6.4. It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of occurrence of irregularities or non-compliance with the agreement; (2) a request for how to bring the product into conformity with the agreement or a statement about a price reduction, withdrawal from the agreement, or other claims; and (3) contact details of the complainant – this will facilitate and expedite the consideration of the complaint. The requirements given in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. In case of a change in the complainant's contact details during the complaint consideration, the complainant is obliged to inform the Seller about this.
6.6. Evidence (e.g., photos, documents, or the Product) related to the subject of the complaint can be attached to the complaint. The Seller may also request the complainant to provide additional information or evidence (e.g., photos) if it facilitates and expedites the consideration of the complaint.
6.7. The Seller will address the complaint immediately, no later than within 14 calendar days from the date of its receipt.
6.8. The basis and scope of the Seller's legal liability are determined by the generally applicable provisions of the law, in particular, the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). Additional information regarding the Seller's liability for the conformity of the Product with the Sales Agreement is provided below:
6.8.1. In the case of a complaint about a movable Product purchased by the Customer based on a Sales Agreement concluded with the Seller until December 31, 2022, the provisions of the Civil Code in force until December 31, 2022, in particular, Articles 556-576 of the Civil Code, determine the basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty). In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for a Product purchased according to the previous sentence by a Customer who is not a consumer is excluded.
6.8.2. In the case of a complaint about a movable Product (including a movable item with digital elements), excluding a movable item that serves only as a carrier of digital content, purchased by the Customer based on a Sales Agreement concluded with the Seller from January 1, 2023, the provisions of the Consumer Rights Act in force from January 1, 2023, in particular, Articles 43a - 43g of the Consumer Rights Act, determine the basis and scope of the Seller's liability towards the consumer in the event of non-compliance of the Product with the Sales Agreement.
6.9. In addition to legal liability, a guarantee may be granted for the Product – it is a contractual (additional) liability, and it can be used when a given Product is covered by a guarantee. The guarantee may be provided by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed conditions of liability under the guarantee, including the data of the entity responsible for the guarantee's implementation and the entity entitled to use it, are available in the guarantee description, e.g., in the warranty card or in another place regarding the granting of the guarantee. The Seller points out that in the case of non-compliance of the Product with the agreement, the Customer has statutory rights against the Seller at the Seller's expense, and the guarantee does not affect these statutory rights.
6.10. The provisions of point 6.8.2 of the Regulations regarding the consumer also apply to the Customer who is a natural person entering into an agreement directly related to his or her business activity when it results from the content of that agreement that it does not have a professional character for this person, in particular, resulting from the subject of the business activity carried out by him or her, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
7. OUT-OF-COURT COMPLAINT AND CLAIM SETTLEMENT METHODS AND ACCESS RULES TO THESE PROCEDURES
7.1. Methods of resolving disputes without going to court include, among others, (1) facilitating the convergence of the parties' positions, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g., through arbitration (alternative dispute resolution). Detailed information on the possibilities for a consumer to use out-of-court methods for complaint resolution and the enforcement of claims, access rules to these procedures, and a user-friendly search engine for entities dealing with out-of-court dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.
7.2. The President of the Office of Competition and Consumer Protection operates a contact point, the task of which is, among other things, to provide consumers with information about out-of-court resolution of consumer disputes. The consumer can contact the contact point: (1) by phone – by calling the number 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to the address: 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).
7.3. The consumer has the following options for using out-of-court complaint resolution and claim enforcement methods: (1) filing a request for dispute resolution with a permanent consumer arbitration court; (2) filing a request for out-of-court dispute resolution with a voivodship inspector of the Inspection; or (3) seeking assistance from a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Polish Consumer Association). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and by calling the consumer hotline 801 440 220 (the hotline is open on business days, from 8:00 to 18:00, connection
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
8.1. A consumer who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8. of the Regulations. Sending a statement before the expiry of the period is sufficient to meet the deadline. The statement of withdrawal from the contract can be made, for example:
8.1.1. in writing to the address: ul. Toszecka 102 room 410, 44-100 Gliwice;
8.1.2. electronically via email to: sklep@lemoniade.com.
8.2. Return of the Product - movable items (including movable items with digital elements) in the event of withdrawal from the contract can be made to the address: ul. Toszecka 102 room 410, 44-100 Gliwice.
8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available in point 13. of the Regulations. The consumer may use the withdrawal form, but it is not obligatory.
8.4. The period for withdrawing from the contract begins:
8.4.1. for a contract under which the Seller delivers the Product and is obligated to transfer its ownership – from the moment the consumer or a third party designated by them, other than the carrier, takes possession of the Product, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches, or in parts – from the moment of taking possession of the last Product, batch, or part, or (2) involves the regular delivery of Products over a specified period – from the moment of taking possession of the first of the Products;
8.4.2. for other contracts – from the date of concluding the contract.
8.5. In the case of withdrawal from a distance contract, the contract is considered not concluded.
8.6. Products - movable items, including movable items with digital elements:
8.6.1. The Seller is obliged to reimburse the consumer for all payments made by them, including the costs of delivering the Product - movable item, including movable items with digital elements, no later than 14 calendar days from the date of receiving the consumer's statement of withdrawal from the contract. The Seller will make the refund using the same payment method used by the consumer, unless the consumer has expressly agreed to another refund method that does not involve any costs for them. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer, they may withhold the refund until receiving the Product back or until the consumer provides proof of sending it back, whichever occurs first.
8.6.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, immediately, no later than 14 calendar days from the date of withdrawing from the contract unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
8.6.3. The consumer is responsible for reducing the value of the Product - movable item (including movable items with digital elements) - resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
8.7. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.7.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a delivery method other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer.
8.7.2. In the case of Products - movable items (including movable items with digital elements) - the consumer bears the direct costs of returning the Product.
8.7.3. In the case of a service that, at the consumer's explicit request, began before the withdrawal period expired, the consumer who exercises the right to withdraw from the contract after making such a request is obliged to pay for the services provided until the withdrawal, in proportion to the scope of the service performed, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.
8.8. The right to withdraw from a distance contract does not apply to the consumer in relation to contracts:
8.8.1. (1) for the provision of services, where the consumer is obliged to pay the price if the Seller has fully performed the service with the explicit and prior consent of the consumer, who was informed before the service began that, after the service is provided by the Seller, they will lose the right to withdraw from the contract, and the consumer has acknowledged this; (2) where the price or remuneration depends on financial market fluctuations over which the Seller has no control and which may occur before the withdrawal period expires; (3) where the subject of the service is a Product - movable item (including movable item with digital elements) - not prefabricated, manufactured according to the consumer's specifications or serving to satisfy their individual needs; (4) where the subject of the service is a Product - movable item (including movable item with digital elements) - liable to deteriorate rapidly or having a short shelf life; (5) where the subject of the service is a Product - movable item (including movable item with digital elements) - delivered in sealed packaging that cannot be returned after opening for health or hygiene reasons, if the packaging was opened after delivery; (6) where the subject of the service is Products - movable items (including movable items with digital elements) - which, due to their nature, become inseparably mixed with other movable items, including movable items with digital elements, after delivery; (7) where the subject of the service is alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) where the consumer expressly requested the Seller to come to them for urgent repair or maintenance work; if the Seller also provides services other than those requested by the consumer or supplies Products - movable items (including movable items with digital elements) - other than spare parts necessary for the repair or maintenance, the right to withdraw from the contract applies to the consumer regarding additional services or Products; (9) where the subject of the service is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, excluding subscription contracts; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment events, sports, or cultural events, if the agreement specifies the day
or period of service provision; (13) for the delivery of digital content that is not delivered on a tangible medium, for which the consumer is obliged to pay a price, if the Seller started providing the service with the explicit and prior consent of the consumer, who was informed before providing the service that, after fulfilling the service by the Seller, they would lose the right to withdraw from the contract, and the Seller provided the consumer with confirmation referred to in art. 15 par. 1 and 2 or art. 21 par. 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay the price in the case where the consumer expressly requested the Seller to come to them for repair, and the service has already been fully performed with the explicit and prior consent of the consumer.
8.9. The provisions regarding the consumer included in this point 8 of the Regulations apply to contracts concluded from January 1, 2021, also to a Service Recipient or a Customer who is a natural person entering into a contract directly related to their business activity when it follows from the content of this contract that it does not have a professional character for this person, arising in particular from the subject of the business activity carried out by them, made available based on the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point 9 of the Regulations and all provisions contained therein are directed and therefore binding exclusively on the Client or Service Recipient who is not a consumer. As of January 1, 2021, and for agreements concluded from that date onwards, it also applies to a natural person entering into a contract directly related to their business activity, when the content of this contract indicates that it does not have a professional character for that person, especially arising from the subject of their business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity.
9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller's liability under warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.
9.4. The Seller will respond to complaints within 30 calendar days from the date of receiving them.
9.5. The Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
9.6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending a relevant statement to the Service Recipient.
9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, regardless of its legal basis, is limited – both for a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but not exceeding one thousand Polish zlotys. The monetary limitation mentioned above applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including cases of non-conclusion of the Sales Agreement or matters unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service Recipient/Customer only for typical foreseeable damages at the time of concluding the agreement and is not liable for lost profits. The Seller is also not responsible for delays in the delivery of the shipment.
9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient are subject to the jurisdiction of the court competent for the seat of the Seller/Service Provider.
10 PRODUCT REVIEWS
10.1. The Seller enables its Customers to submit and access reviews of Products and the Online Store based on the rules specified in this section of the Regulations.
10.2. Customers can submit reviews using a form allowing the addition of reviews for a Product or the Online Store. This form may be provided directly on the Online Store website (including through an external widget) or may be made available through an individual link sent to the Customer after purchase to the email address provided by them. When adding a review, the Service Recipient can also include a graphical rating or a photo of the Product if this option is available in the review form.
10.3. A review of the Product can only be submitted for Products actually purchased in the Seller's Online Store and by the Customer who purchased the reviewed Product. It is prohibited to enter into fictional or apparent Sales Agreements to submit a review of the Product. A review of the Online Store can be submitted by a person who is a Customer of the Online Store.
10.4. Adding reviews by Customers must not be used for unlawful activities, especially for actions constituting unfair competition, or actions violating personal rights, intellectual property rights, or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Regulations, and good practices.
10.5. Reviews may be published directly on the Online Store website (e.g., next to a specific Product) or on an external review collection service with which the Seller cooperates and to which the Online Store website refers (including through an external widget placed on the Online Store website).
10.6. The Seller ensures that published Product reviews come from its Customers who have purchased the respective Product. To verify this, the Seller takes the following actions:
10.6.1. Publishing a review using a form available directly on the Online Store website requires prior verification by the Seller. Verification involves checking the compliance of the review with the Regulations, in particular checking whether the person giving the review is a Customer of the Online Store. In this case, the Seller checks whether this person has made a purchase in the Online Store, and in the case of a review of a Product, it also checks whether the person purchased the reviewed Product. Verification takes place without undue delay.
10.6.2. The Seller sends an individual link to its Customers (also through an external review collection service with which it cooperates) to the email address provided by them during the purchase – in this way, only the Customer who made a purchase in the Online Store receives access to the review form.
10.6.3. In case of doubts or objections raised by other Customers or third parties regarding whether a particular review comes from a Customer or whether a particular Customer purchased a particular Product, the Seller reserves the right to contact the author of the review to clarify and confirm that they are indeed a Customer of the Online Store or have purchased the reviewed Product.
10.7. Any comments, appeals against the review verification, or objections regarding whether a specific review comes from a Customer or whether a particular Customer purchased a particular Product can be reported in a manner similar to the complaint procedure indicated in point 6 of the Regulations.
10.8. The Seller does not post or commission the posting of untrue reviews or recommendations from Customers to another person and does not distort Customer reviews or recommendations to promote its Products. The Seller provides both positive and negative opinions. The Seller does not provide sponsored opinions.
11. UNLAWFUL CONTENT AND OTHER CONTENT IN VIOLATION OF TERMS AND CONDITIONS
11.1. This section of the Regulations contains provisions arising from the Digital Services Act regarding the Online Store and the Service Provider. As a rule, the Service Recipient is not obligated to provide content when using the Online Store unless the Regulations require the provision of specific data (e.g., data for placing an Order). The Service Recipient may have the opportunity to add opinions or comments in the Online Store using tools provided by the Service Provider. In any case of providing content, the Service Recipient is obliged to adhere to the rules set out in the Regulations.
11.2. CONTACT POINT - The Service Provider designates the email address sklep@lemoniade.com as the sole contact point. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission, and the Council of Digital Services. Simultaneously, it allows service recipients (including Service Recipients) to communicate directly, quickly, and in a user-friendly manner with the Service Provider electronically, for the purpose of applying the Digital Services Act. The Service Provider specifies Polish and English as the languages for communication with its contact point.
11.3. Procedure for Reporting Unlawful Content and Actions in accordance with Article 16 of the Digital Services Act:
11.3.1. Any person or entity can report to the Service Provider the presence of specific information that they consider to be Unlawful Content by emailing sklep@lemoniade.com.
11.3.2. The report should be sufficiently precise and adequately justified. For this purpose, the Service Provider allows and facilitates the submission of reports to the above email address containing all the following elements: (1) a sufficiently justified explanation of the reasons why the reporting person or entity believes that the reported information constitutes Unlawful Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of Unlawful Content, depending on the type of content and the specific type of service; (3) the name and surname or name and email address of the person or entity making the report, except for reports concerning information related to one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the reporting person or entity that the information and allegations contained therein are accurate and complete.
11.3.3. The report mentioned above is considered to provide a basis for obtaining actual knowledge or information for the purposes of Article 6 of the Digital Services Act concerning the information it relates to if it enables the Service Provider, acting with due diligence, to ascertain, without detailed legal analysis, the illegal nature of the activity or information in question.
11.3.4. If the report contains electronic contact details of the person or entity making the report, the Service Provider promptly sends confirmation of receiving the report to that person or entity. The Service Provider also notifies such person or entity without undue delay of its decision regarding the information covered by the report, providing information about the possibility of appealing the decision.
11.3.5. The Service Provider considers all reports it receives under the mechanism mentioned above, and makes decisions regarding the information covered by the reports in a timely, non-arbitrary, and objective manner, with due diligence. If the Service Provider uses automated means for this consideration or decision-making, it includes information on this in the notification mentioned in the previous paragraph.
11.4. Information on Restrictions Imposed by the Service Provider in Connection with the Use of the Online Store Regarding Information Provided by Service Recipients:
11.4.1. The following rules apply to the Service Recipient when providing any content within the Online Store:
11.4.1.1. The obligation to use the Online Store, including posting content (e.g., in the form of opinions or comments), in accordance with its purpose, these Regulations, and in a manner consistent with the law and good practices, taking into account the respect for personal rights and the copyrights and intellectual property rights of the Service Provider and third parties.
11.4.1.2. The obligation to present content in accordance with the factual state and in a non-misleading manner.
11.4.1.3. Prohibition of providing content of an unlawful nature, including the provision of Unlawful Content.
11.4.1.4. Prohibition of sending unsolicited commercial information (spam) through the Online Store.
11.4.1.5. Prohibition of providing content that violates commonly accepted principles of netiquette, including containing vulgar or offensive content.
11.4.1.6. The obligation to have, if necessary, all required rights and permissions to provide such content on the pages of the Online Store, especially copyrights or required licenses, permits, and consents for their use, distribution, sharing, or publication, in particular, the right to publish and distribute in the Online Store, as well as the right to use and distribute the image or personal data in the case of content that includes the image or personal data of third parties.
11.4.1.7. The obligation to use the Online Store in a way that does not pose a threat to the security of the teleinformatics system of the Service Provider, the Online Store, or third parties.
11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients on the Online Store. Moderation is done in good faith, with due diligence, either at the initiative of the Service Provider or upon receiving a report to detect, identify, and remove Unlawful Content or other content in violation of the Regulations or to prevent access to them or take necessary measures to comply with the requirements of European Union law and national law in line with European Union law, including the requirements specified in the Digital Services Act.
11.4.3. The moderation process can be done manually by a human or based on automated or partially automated tools that facilitate the Service Provider's identification of Unlawful Content or other content that violates the Regulations. After identifying such content, the Service Provider decides on the possible removal or prevention of access to the content or otherwise limits its visibility or takes other actions deemed necessary (e.g., contacts the Service Recipient to clarify objections and change the content). The Service Provider informs the Service Recipient who provided the content (if the contact information is available) clearly and understandably about its decision, the reasons for making it, and the available options to appeal.
11.4.4. In fulfilling its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively, and proportionately, and to take into account the rights and legally justified interests of all parties involved, including service recipients, especially considering the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom, and pluralism of the media, and other fundamental rights and freedoms.
11.5. Any comments, complaints, claims, appeals, or objections regarding decisions or other actions or lack of action taken by the Service Provider based on a received report or a decision of the Service Provider made in accordance with the provisions of these Regulations can be reported in a manner similar to the complaint procedure indicated in point 6 of the Regulations. The use of this procedure is free of charge and allows for filing complaints electronically at the email address provided. Using the complaint and objection procedure does not prejudice the right of a person or entity to initiate proceedings before a court and does not violate its other rights.
11.6. The Service Provider reviews all comments, complaints, claims, appeals, or objections regarding decisions or other actions or lack of action taken by the Service Provider based on a received report or a decision of the Service Provider made in accordance with the provisions of these Regulations in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other report provides sufficient reasons for the Service Provider to believe that its decision not to take action in response to the report is unjustified or that the information subject to the complaint is not unlawful and in violation of the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider promptly revokes or amends its decision regarding the removal or prevention of access to the content or otherwise limits its visibility or takes other actions it deems necessary.
12. FINAL PROVISIONS
12.1. Agreements concluded through the Online Store are concluded in Polish.
12.2. Change of Regulations:
12.2.1. The Service Provider reserves the right to make changes to these Regulations for valid reasons, namely: changes in the law; changes in methods or terms of payment or delivery, subject to a legal or regulatory obligation; changes in the scope or form of Electronic Services provided; adding new Electronic Services; the need to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malicious software, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations.
12.2.2. Notification of proposed changes is sent at least 15 days before the effective date of these changes, with the reservation that changes may be introduced without observing the 15-day notification period in cases where the Service Provider: (1) is subject to a legal or regulatory obligation that requires a change to the Regulations in a way that prevents it from observing the 15-day notification period; or (2) must exceptionally change its Regulations to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers against fraud, malicious software, spam, data breaches, or other cybersecurity threats. In the last two cases mentioned in the previous sentence, the changes take effect immediately, unless a longer period for implementing the changes is possible
