TERMS AND CONDITIONS OF THE ONLINE STORE

glixero.com

The online store www.glixero.com cares about consumer rights. Consumers cannot waive their rights granted to them under the Consumer Rights Act. Provisions of agreements less favorable to the consumer than provisions of the Consumer Rights Act are invalid, and in their place, the provisions of the Consumer Rights Act apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights arising from mandatory provisions of law, and any doubts should be interpreted in favor of the consumer. In the event of any inconsistency between the provisions of these Regulations and the above provisions, the priority shall be given to those provisions, and they should be applied.

GENERAL PROVISIONS

1.1. The online store available at the website address www.glixero.com is operated by Klinika Urody Jolanta.Skuza. with its registered office in Kielce, address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce, entered into the National Court Register maintained by the District Court in Kielce under NIP 6912124769, REGON: 021763747, email address: [email protected].

1.2. This Regulation is addressed to both consumers and entrepreneurs using the Online Store (with the exception of point 9 of the Regulations, which is addressed exclusively to entrepreneurs).

1.3. The data controller of personal data processed in connection with the implementation of the provisions of these Regulations is the Service Provider. Personal data is processed for the purposes, to the extent, and based on the principles indicated in the privacy policy published on the pages of the Online Store. Providing personal data is voluntary. Each person whose personal data is processed by the Service Provider has the right to access their content and the right to update and correct them.

1.4. Definitions:

BUSINESS DAY – one day from Monday to Friday, excluding statutory holidays.

REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

CLIENT – (1) a natural person having full legal capacity, and in cases provided for by universally applicable regulations also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - who has entered into or intends to enter into a Sales Agreement with the Seller.

CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 1964 No. 16, item 93, as amended).

ACCOUNT – an Electronic Service, designated by an individual name (login) and password provided by the Service Recipient, a set of resources in the IT system of the Service Provider in which data provided by the Service Recipient and information about Orders placed by him in the Online Store are collected.

NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via e-mail, enabling all recipients to automatically receive from the Service Provider cyclical content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.

PRODUCT – a movable item available in the Online Store, which is the subject of a Sales Agreement between the Client and the Seller.

REGULATIONS – these regulations of the Online Store.

ONLINE STORE - the online store of the Service Provider available at the internet address: www.glixero.com.

SELLER; SERVICE PROVIDER – Klinika Urody Jolanta.Skuza. with its registered office in Kielce, address: ul. Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce, entered into the National Court Register maintained by the District Court in Kielce under NIP 6912124769, REGON: 021763747, email address: [email protected].

SALES AGREEMENT – a sales agreement for a Product concluded or to be concluded between the Client and the Seller through the Online Store.

ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient through the Online Store.

SERVICE RECIPIENT – (1) a natural person having full legal capacity, and in cases provided for by universally applicable regulations also a natural person having limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; - using or intending to use the Electronic Service.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Account, Order Form, and Newsletter.

Account – using the Account is possible after the Service Recipient completes two consecutive steps – (1) filling out the Registration Form, (2) clicking the "Continue" button. In the Registration Form, the Service Recipient must provide the following data: first and last name/company name, address (street, house number/apartment number, postal code, city, country), email address, contact phone number, and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).

The Electronic Service Account is provided free of charge for an indefinite period. The Service Recipient has the possibility to delete the Account (resign from the Account) at any time and without giving any reason by sending a relevant request to the Service Provider, in particular via email to: [email protected] or in writing to the address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce.

Order Form – using the Order Form begins when the Client adds the first Product to the electronic basket in the Online Store. Placing an Order occurs after the Client completes two consecutive steps – (1) filling out the Order Form and (2) clicking the "Confirm purchase" field on the Online Store website after completing the Order Form – until this moment, there is a possibility of independent modification of the entered data (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, the Client must provide the following data regarding the Client: first and last name/company name, address (street, house number/apartment number, postal code, city, country), email address, contact phone number, and data concerning the Sales Agreement: Product/s, quantity of Product/s, place and method of Product/s delivery, method of payment. In the case of Clients who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).

The Electronic Service Order Form is provided free of charge and is of a one-time nature, and ends when the Order is placed through it or when the Service Recipient stops placing the Order through it.

Newsletter – using the Newsletter occurs after providing the email address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent, and clicking the "Subscribe" field. You can also subscribe to the Newsletter by checking the appropriate checkbox when creating an Account – upon creating an Account, the Service Recipient is subscribed to the Newsletter.

The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the possibility to unsubscribe from the Newsletter (resign from the Newsletter) at any time and without giving any reason by sending a relevant request to the Service Provider, in particular via email to: [email protected] or in writing to the address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce.

2.2. Technical requirements necessary for cooperation with the IT system used by the Service Provider: (1) computer, laptop, or other multimedia device with access to the Internet; (2) access to email; (3) internet browser: Mozilla Firefox version 17.0 and higher or Internet Explorer version 10.0 and higher, Opera version 12.0 and higher, Google Chrome version 23.0 and higher, Safari version 5.0 and higher, Microsoft Edge version 25.10586.0.0 and higher; (4) enabling the option to save Cookies files and support for Javascript in the internet browser.

2.3. The Service Recipient is obliged to use the Online Store in accordance with the law and good manners, taking into account respect for personal rights as well as copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.

2.4. Complaint handling procedure:

Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (with the exception of the Product complaint procedure, which has been indicated in point 6 of the Regulations) may be submitted by the Service Recipient, for example:

in writing to the address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce;

electronically via email to the address: [email protected];

It is recommended that the Service Recipient include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of occurrence of the irregularity; (2) the Service Recipient's request; and (3) contact details of the complainant – this will facilitate and expedite the consideration of the complaint by the Service Provider. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.

The Service Provider will respond to the complaint immediately, no later than within 14 calendar days from the date of its submission.

3. TERMS OF SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between the Client and the Seller takes place after the Client places an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.

3.2. The Product price displayed on the Online Store's website is given in Polish zlotys and includes taxes. The Customer is informed about the total price including taxes of the Product subject to the Order, as well as the delivery costs (including fees for transport, delivery, and postal services), and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them, on the Online Store's website during the Order placement process, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form

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.

After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for execution. The confirmation of the receipt of the Order and its acceptance for execution occurs by the Seller sending a relevant e-mail message to the e-mail address provided by the Customer during the Order placement process, which contains at least the Seller's statements regarding the receipt of the Order and its acceptance for execution, and confirmation of the conclusion of the Sales Agreement. Upon receiving the above e-mail message by the Customer, the Sales Agreement is concluded between the Customer and the Seller.

3.4. Preservation, securing, and provision to the Customer of the content of the concluded Sales Agreement takes place by (1) making this Regulation available on the Online Store's website and (2) sending an e-mail message to the Customer, as referred to in point 3.3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following methods of payment for the Sales Agreement:

Payment by bank transfer to the Seller's bank account.

Electronic payments and payment by payment card via the Przelewy24.pl and PayPal.com service – the currently available payment methods are specified on the Online Store's website in the payment methods information tab and on the website http://www.przelewy24.pl/ and https://www.paypal.com/pl.

4.2. Payment term:

The Customer is obliged to make the payment within 14 calendar days from the date of conclusion of the Sales Agreement.

5. COST, METHODS, AND TERMS OF DELIVERY AND PRODUCT RECEIPT

5.1. Product delivery is available within the territory of the Republic of Poland.

5.2. Product delivery to the Customer is subject to a fee unless the Sales Agreement states otherwise. The delivery costs of the Product (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and during the Order placement process, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.

5.3. The Seller provides the Customer with the following delivery or pickup methods for the Product:

Postal shipment.

Courier shipment.

Pallet shipment.

5.4. The delivery time of the Product to the Customer is up to 10 Business Days, unless a shorter period is specified in the description of the specific Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 10 Business Days. The commencement of the delivery period for the Product to the Customer starts from the day of crediting the Seller's bank account or settlement account.

6. WARRANTIES AND COMPLAINTS

6.1. The basis and scope of the Seller's liability towards the Customer if the sold Product has a physical or legal defect (warranty) are determined by generally applicable laws, in particular, the Civil Code (in particular, articles 556-576 of the Civil Code). For Sales Agreements concluded until December 24, 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person purchasing the Product for purposes unrelated to professional or business activities, due to the non-conformity of the Product with the Sales Agreement, are determined by generally applicable laws, in particular, the Act of July 27, 2002, on special conditions of consumer sales and amending the Civil Code (Journal of Laws of 2002 No. 141, item 1176, as amended).

6.2. The Seller is obliged to deliver the Product to the Customer without defects. Detailed information regarding the Seller's liability for Product defects and Customer rights is specified on the Online Store's website in the information tab regarding complaints.

6.3. A complaint can be filed by the Customer, for example:

in writing to the address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce;

electronically via email to the address: [email protected];

6.4. It is recommended for the Customer to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, especially the type and date of occurrence of the defect; (2) the Customer's request for bringing the Product into conformity with the Sales Agreement or a statement of a price reduction or withdrawal from the Sales Agreement; and (3) the contact details of the complainant - this will facilitate and accelerate the complaint consideration by the Seller. The requirements given in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.

6.5. The Seller will respond to the Customer's complaint promptly, no later than within 14 calendar days from the date of its submission. Failure of the Seller to respond within the above deadline means that the Seller has considered the complaint justified.

6.6. If the Customer exercises rights under the warranty, the Customer is obliged, at the Seller's expense, to deliver the defective Product to the address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce. If due to the nature of the Product or its installation method, delivering the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the location where the Product is located.

7. OUT-OF-COURT COMPLAINT RESOLUTION

7.1. Detailed information regarding the possibility for the Customer who is a consumer to use out-of-court complaint resolution methods and enforcement of claims, as well as the rules of access to these procedures, are available at the contact and on the websites of district (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

7.2. The Customer who is a consumer has the following examples of out-of-court complaint resolution and enforcement of claims:

Klient has the right to apply to the permanent consumer arbitration court, as referred to in Article 37 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2001 No. 4 item 25, as amended), with a request to settle a dispute arising from the concluded Sales Agreement. The regulations governing the organization and operation of permanent consumer arbitration courts are determined by the regulation of the Minister of Justice of September 25, 2001, regarding the rules of organization and operation of permanent consumer arbitration courts (Journal of Laws of 2001, No. 113, item 1214).

Klient has the right to apply to the provincial inspector of the Trade Inspection, in accordance with Article 36 of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2001 No. 4 item 25, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Klient and the Seller. Information regarding the rules and procedure of mediation proceedings conducted by the provincial inspector of the Trade Inspection is available at the premises and on the websites of individual Provincial Inspectorates of Trade Inspection.

Klient may obtain free assistance in resolving a dispute between the Klient and the Seller by also using the free assistance of the district (municipal) consumer advocate or social organization, whose statutory tasks include consumer protection (including the Consumer Federation, Polish Consumer Association). Advice is provided by the Consumer Federation at the email address [email protected] and by the Polish Consumer Association at the toll-free consumer helpline number 800 889 866.

7.3. The platform for online dispute resolution between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service point for consumers and entrepreneurs seeking an out-of-court settlement of a dispute regarding contractual obligations arising from an online sales agreement or service agreement.

8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

8.1. A consumer who has concluded 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 deadline is sufficient to meet the deadline. The declaration of withdrawal from the agreement can be made, for example:

in writing to the address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce;

electronically via email to the address: [email protected];

8.2. A sample withdrawal form is included in Annex No. 2 to the Consumer Rights Act and is also available in point 11 of the Regulations and on the Online Store's website in the section concerning withdrawal from the agreement. The consumer may use the withdrawal form, but this is not mandatory.

8.3. The period for withdrawal from the agreement begins:

for agreements under which the Seller delivers the Product and is obliged to transfer its ownership (e.g., Sales Agreement) – from the date the consumer or a third party designated by them, other than the carrier, takes possession of the Product, and in the case of an agreement that: (1) includes multiple Products that are delivered separately, in batches, or in parts – from the date of taking possession of the last Product, batch, or part, or (2) involves regular delivery of Products for a specified period – from the date of taking possession of the first Product;

for other agreements – from the date of concluding the agreement.

8.4. In the event of withdrawal from a distance contract, the contract is considered not concluded.

8.5. The Seller is obliged to reimburse the consumer for all payments made by them, including the costs of Product delivery (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store), immediately, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the agreement. The Seller shall make the reimbursement using the same means of payment as the consumer used, unless the consumer has expressly agreed to another method of reimbursement that does not entail any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the reimbursement of payments received from the consumer until they receive the Product back or until the consumer provides proof of its return, whichever occurs first.

8.6. 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 within 14 calendar days from the day they withdrew from the agreement, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry. The consumer may return the Product to the address: Gen. Józefa Hauke-Bosaka 7, 25-211 Kielce.

8.7. The consumer is liable for any diminished value of the Product resulting from handling it in a manner other than what is necessary to establish the nature, characteristics, and functioning of the Product.

8.8. Possible costs associated with the consumer's withdrawal from the agreement, which the consumer is obliged to bear:

If the consumer has chosen a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.

The consumer bears the direct costs of returning the Product.

In the case of a Product that is a service, the execution of which - at the express request of the consumer - began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal from the agreement after making such a request is obliged to pay for the services provided until the withdrawal from the agreement. The amount to be paid is calculated proportionally to the scope of the provided service, 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 provided service.

8.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to agreements:

(1) for the provision of services if the Seller has fully performed the service with the express consent of the consumer, who was informed before the provision of the service that upon its completion by the Seller, they will lose the right to withdraw from the agreement;

(2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the expiry of the withdrawal period from the agreement;

(3) for the provision of a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individualized needs;

(4) for the provision of a perishable Product or a Product with a short shelf life;

(5) for the provision of a Product delivered in a sealed package, which cannot be returned once the packaging has been opened due to health protection or hygiene reasons if the packaging was opened after delivery;

(6) for the provision of Products that, due to their nature, are inseparably mixed with other items after delivery;

(7) for alcoholic beverages, the price of which was agreed upon when the Sales Agreement was concluded, and which can only be delivered after 30 days and whose value depends on fluctuations in the market over which the Seller has no control;

(8) where the consumer has expressly requested the Seller to come to them for urgent repairs or maintenance; if the Seller also provides other services than those requested by the consumer or supplies Products other than spare parts necessary for repairs or maintenance, the right to withdraw from the agreement applies to additional services or Products;

(9) for the provision of audio or visual recordings or computer programs delivered in a sealed package if the packaging was opened after delivery;

(10) for the delivery of newspapers, periodicals, or magazines, with the exception of a subscription agreement;

(11) concluded through 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, 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 stored on a tangible medium if the performance of the service has begun with the express consent of the consumer before the expiry of the withdrawal period from the agreement and after the Seller has informed them about the loss of the right to withdraw from the agreement.

9. PROVISIONS REGARDING ENTREPRENEURS

9.1 This section of the Regulations and the provisions contained therein apply exclusively to Clients and Service Recipients who are not consumers.

9.2 The Seller has the right to withdraw from the Sales Agreement concluded with a Client who is not a consumer 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 against the Seller on the part of the Client who is not a consumer.

9.3 In the case of Clients who are not consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client and the fact of concluding the Sales Agreement.

9.4 Upon the Seller's release of the Product to the carrier, the benefits and burdens associated with the Product as well as the risk of accidental loss or damage to the Product pass to the Client who is not a consumer. In such a case, the Seller is not liable for the loss, shortage, or damage to the Product arising from the time it is accepted for transport until it is delivered to the Client, as well as for any delay in the shipment.

9.5 If the Product is sent to the Client through a carrier, who is not a consumer, is obliged to inspect the shipment in the manner and within the time frame accepted for such shipments. If it is found that the Product was lost or damaged during transport, the Client is obliged to take all necessary steps to determine the carrier's liability.

9.6 In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards a Client who is not a consumer is excluded.

9.7 In the case of Service Recipients who are not consumers, the Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without stating reasons by sending the Service Recipient the appropriate declaration.

9.8 The liability of the Service Provider/Seller towards the Service Recipient/Client who is not a consumer, regardless of its legal basis, is limited - both for individual claims and for all claims in total - to the amount paid and the delivery costs under the Sales Agreement, but not exceeding one thousand Polish zlotys. The Service Provider/Seller is liable towards the Service Recipient/Client who is not a consumer only for typical foreseeable damages at the time of concluding the agreement and is not liable for lost profits to the Service Recipient/Client who is not a consumer.

9.9 Any disputes arising between the Seller/Service Provider and the Client/Service Recipient who is not a consumer shall be subject to the jurisdiction of the court competent for the seat of the Seller/Service Provider.

10. FINAL PROVISIONS

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

10.2 Amendment of the Regulations:

The Service Provider reserves the right to amend the Regulations for valid reasons, such as changes in the law, payment methods, and delivery methods, provided that these changes affect the implementation of the provisions of the Regulations. In the case of continuous agreements, changes to the Regulations apply to the Service Recipient if the requirements specified in the Civil Code are met, and they have been properly informed about the changes but did not terminate the agreement within the specified period. If the change in the Regulations results in new fees or an increase in existing ones, the consumer has the right to withdraw from the agreement. In the case of agreements other than continuous ones, changes to the Regulations do not affect the acquired rights of consumer Clients before the effective date of the changes.

10.3 Matters not regulated in the Regulations are governed by the generally applicable provisions of Polish law, in particular, the Civil Code and the Act on the provision of electronic services. For sales agreements concluded before or after specific dates, the relevant provisions regarding consumer rights and other applicable laws apply.