TERMS AND CONDITIONS OF THE ONLINE STORE safegel.com

TABLE OF CONTENTS:

  1. GENERAL PROVISIONS
  2. ELECTRONIC SERVICES IN THE ONLINE STORE
  3. TERMS OF CONCLUDING A SALES AGREEMENT
  4. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT
  5. COST, METHODS AND DELIVERY TIME OF THE PRODUCT
  6. COMPLAINT HANDLING PROCEDURE
  7. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES
  8. RIGHT OF WITHDRAWAL
  9. PROVISIONS CONCERNING ENTREPRENEURS
  10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES
  11. PRODUCT REVIEWS
  12. FINAL PROVISIONS
  13. MODEL WITHDRAWAL FORM

The Online Store www.safegel.com respects consumer rights. A Consumer may not waive the rights granted to them under the Polish Consumer Rights Act. Contractual provisions less favorable to the Consumer than the provisions of the Consumer Rights Act are invalid, and the relevant provisions of the Consumer Rights Act shall apply in their place. Accordingly, these Terms and Conditions are not intended to exclude or limit any consumer rights granted under mandatory provisions of law, and any doubts shall be interpreted in favor of the Consumer. In the event of any inconsistency between these Terms and Conditions and the above-mentioned provisions, the provisions of law shall prevail and apply.

  1. GENERAL PROVISIONS

The Online Store available at safegel.com is operated by RENOVEY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Ciechanowiec, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000838010, NIP (Tax Identification Number) 5252821058, REGON 38593425300000, correspondence and returns address: ul. Dworska 34, 18-230 Ciechanowiec, Poland.

1.1. Email address: info@safegel.com, telephone number: +48221002085

1.2. These Terms and Conditions are addressed both to Consumers and to Entrepreneurs using the Online Store, unless a given provision expressly states otherwise.

1.3. The controller of personal data processed in the Online Store in connection with the implementation of these Terms and Conditions is the Seller. Personal data is processed for the purposes, periods, legal bases and according to the principles indicated in the Privacy Policy published on the Online Store website. The Privacy Policy contains, in particular, information concerning the processing of personal data by the Controller in the Online Store, including the legal bases, purposes and duration of processing, the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Likewise, providing personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the Privacy Policy, including the conclusion of an agreement and the Seller’s statutory obligations.

1.4. Definitions:

  • BUSINESS DAY – one day from Monday to Friday, excluding statutory public holidays in Poland.
  • REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.
  • ORDER FORM – an Electronic Service, being an interactive form available in the Online Store which enables placing an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
  • CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.
  • CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
  • ACCOUNT – an Electronic Service, being a set of resources in the Service Provider’s ICT system designated by an individual login and password provided by the Service Recipient, in which data provided by the Service Recipient and information concerning Orders placed by them in the Online Store are stored.
  • NEWSLETTER – an Electronic Service consisting of an electronic distribution service provided by the Service Provider by email, enabling Service Recipients to automatically receive successive editions of the newsletter containing information about Products, new items and promotions in the Online Store.
  • PRODUCT – (1) a movable item, including a movable item with digital elements, i.e. containing or connected with digital content or a digital service in such a way that the absence of such digital content or digital service would prevent it from functioning properly; (2) digital content; (3) a service, including a digital or non-digital service; or (4) a right which is the subject of a Sales Agreement between the Customer and the Seller.
  • TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
  • ONLINE STORE – the Service Provider’s online store available at: safegel.com.

SELLER / SERVICE PROVIDER: RENOVEY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Ciechanowiec, entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000838010, NIP 5252821058, REGON 38593425300000, correspondence and returns address: ul. Dworska 34, 18-230 Ciechanowiec, Poland.

  • SALES AGREEMENT – an agreement for the sale of a Product in the case of movable items and movable items with digital elements; (2) an agreement for the supply of a Product in the case of digital content or a digital service; (3) an agreement for the provision or use of a Product in the case of a non-digital service and other Products, concluded or to be concluded between the Customer 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 and which is not itself a Product.
  • SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable law also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.
  • CONSUMER RIGHTS ACT – the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended).
  • ORDER – a declaration of intent made by the Customer using the Order Form and directly aimed at concluding a Sales Agreement for a Product with the Seller.
  1. ELECTRONIC SERVICES IN THE ONLINE STORE

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

  • Account – use of the Account is possible after the Service Recipient completes the following three steps: (1) completes the Registration Form, (2) clicks the “Create account” button and (3) confirms the intention to create the Account by clicking the confirmation link automatically sent to the email address provided. The Registration Form requires the Service Recipient to provide the following data: full name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number and password. Service Recipients who are not Consumers must additionally provide their company name and NIP number.
    • The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may delete the Account at any time and without stating a reason by sending an appropriate request to the Service Provider, in particular by email to info@safegel.com or in writing to: ul. Dworska 34, 18-230 Ciechanowiec, Poland.
  • Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes the following two steps: (1) completes the Order Form and (2) clicks the “Confirm purchase” button on the Online Store website after completing the Order Form. Until that moment, the Customer may independently modify the entered data by following the messages and information displayed on the Online Store website. The Order Form requires the Customer to provide the following data: full name/company name, address (street, house/apartment number, postal code, city, country), email address, contact telephone number and information concerning the Sales Agreement, namely Product(s), quantity of Product(s), place and method of delivery and method of payment. Customers who are not Consumers must additionally provide their company name and NIP number.
    • The Order Form Electronic Service is provided free of charge, is one-off in nature and ends when an Order is placed through it or when the Service Recipient stops placing the Order before completion.
  • Newsletter – use of the Newsletter begins after entering an email address in the “Newsletter” section of the Online Store, to which subsequent newsletter editions are to be sent, and clicking the “Subscribe” button. It may also be possible to subscribe to the Newsletter by selecting the appropriate checkbox while creating an Account.
    • The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may unsubscribe from the Newsletter at any time and without stating a reason by sending an appropriate request to the Service Provider, in particular by email to info@safegel.com or in writing to: ul. Dworska 34, 18-230 Ciechanowiec, Poland.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider are: (1) a computer, laptop or other multimedia device with Internet access; (2) access to email; (3) an up-to-date version of a web browser such as Mozilla Firefox, Google Chrome, Safari, Microsoft Edge, Opera or another current browser; (4) recommended minimum screen resolution of 1024×768; and (5) enabled cookies and JavaScript support in the browser.

2.3. The Service Recipient is obliged to use the Online Store in a lawful manner and in accordance with good practice, with due regard for personal rights and the copyrights and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to provide data consistent with the facts and is prohibited from providing unlawful content.

2.4. The complaint procedure regarding Electronic Services is set out in Section 6 of these Terms and Conditions.

  1. TERMS OF CONCLUDING A SALES AGREEMENT

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with Section 2.1 of these Terms and Conditions.

3.2. The Product price displayed on the Online Store website is stated in Polish zloty and includes taxes. During the ordering process, including at the moment when the Customer expresses their intention to be bound by the Sales Agreement, the Customer is informed of the total price of the Product including taxes, delivery costs including transport, delivery and postal charges, and any other costs or, where such costs cannot reasonably be calculated in advance, the fact that such additional charges may be payable.

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

  • A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with Section 2.1 of these Terms and Conditions.
  • After an Order is placed, the Seller promptly confirms receipt of the Order and at the same time accepts it for processing. Confirmation of receipt and acceptance for processing is made by sending the Customer an appropriate email to the email address provided during the ordering process. The email contains at least a statement that the Seller has received the Order and accepted it for processing and confirmation that the Sales Agreement has been concluded. The Sales Agreement between the Customer and the Seller is concluded when the Customer receives this email.

3.4. The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by: (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the email referred to in Section 3.3. The content of the Sales Agreement is additionally recorded and secured in the Seller’s IT system.

  1. METHODS AND DEADLINES FOR PAYMENT FOR THE PRODUCT

4.1. The Seller makes the following payment methods available to the Customer under the Sales Agreement:

  • Cash on delivery.
  • Cash payment upon personal collection.
  • Bank transfer to the Seller’s bank account.
  • Electronic payments and payment card payments via PayU.pl – the currently available payment methods are specified on the order page after products are added to the cart and on https://www.payu.pl.
    • Electronic payment and payment card transactions are processed, depending on the Customer’s choice, through PayU.pl. Electronic payments and card payments are operated by:
      • PayU S.A., with its registered office in Poznań (registered office address: ul. Grunwaldzka 182, 60-166 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number 0000274399, with registration files maintained by the District Court Poznań – Nowe Miasto and Wilda in Poznań; share capital PLN 4,944,000.00, fully paid; NIP: 7792308495.

4.2. Payment deadline:

  • If the Customer chooses payment by bank transfer, electronic payment or payment card, the Customer is obliged to make payment within 7 calendar days from the date the Sales Agreement is concluded.
  • If the Customer chooses cash on delivery or cash payment upon personal collection, the Customer is obliged to make payment when receiving the shipment or collecting the Product.
  1. COST, METHODS AND DELIVERY TIME AND COLLECTION OF THE PRODUCT

5.1. Delivery of Products is available within the territory of the Republic of Poland.

5.2. Delivery of the Product to the Customer is subject to a charge unless the Sales Agreement provides otherwise. Delivery costs, including transport, delivery and postal charges, are indicated to the Customer on the Online Store website in the information section concerning delivery costs and during the ordering process, including at the moment when the Customer expresses the intention to be bound by the Sales Agreement.

5.3. Personal collection of the Product by the Customer is free of charge.

5.4. The Seller provides the following methods of delivery or collection of the Product:

  • Postal shipment, including cash-on-delivery postal shipment.
  • Courier shipment, including cash-on-delivery courier shipment.
  • Personal collection at: ul. Dworska 34, 18-230 Ciechanowiec, Poland – on Business Days from 09:00 to 17:00.

5.5. Delivery time of the Product to the Customer is up to 7 Business Days unless a shorter period is stated in the description of the given Product or during the ordering process. For Products with different delivery times, the delivery time is the longest stated period, but it may not exceed 7 Business Days. The start of the delivery period is calculated as follows:

  • for payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account or settlement account is credited;
  • for cash on delivery – from the date the Sales Agreement is concluded.

5.6. Product readiness for collection – if the Customer chooses personal collection, the Product will be ready for collection within up to 7 Business Days unless a shorter period is stated in the description of the given Product or during the ordering process. For Products with different readiness periods, the longest period applies, but it may not exceed 7 Business Days. The Seller will additionally inform the Customer when the Product is ready for collection. The readiness period is calculated as follows:

  • for payment by bank transfer, electronic payment or payment card – from the date the Seller’s bank account or settlement account is credited;
  • for cash payment upon personal collection – from the date the Sales Agreement is concluded.
  1. COMPLAINT HANDLING PROCEDURE

6.1. This Section 6 sets out the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the Seller’s activities or the functioning of the Online Store.

6.2. A complaint may be submitted, for example:

  • in writing to: ul. Dworska 34, 18-230 Ciechanowiec, Poland;
  • electronically by email to: info@safegel.com.

6.3. A Product subject to complaint should be made available to the Seller in a manner agreed with the Seller. Where, under applicable law, the costs of collecting, repairing, replacing or returning a Product are borne by the Seller, the Consumer shall not bear such costs. Correspondence and returns address: ul. Dworska 34, 18-230 Ciechanowiec, Poland.

6.4. It is recommended that a complaint includes: (1) information and circumstances concerning the subject matter of the complaint, in particular the type and date of the irregularity or lack of conformity with the agreement; (2) the requested method of bringing the Product into conformity with the agreement, or a statement regarding a price reduction or withdrawal from the agreement, or another claim; and (3) the complainant’s contact details, which will facilitate and speed up complaint handling. These are recommendations only and failure to include them does not affect the effectiveness of the complaint.

6.5. If the complainant’s contact details change while a complaint is being handled, the complainant should notify the Seller.

6.6. The complainant may attach evidence related to the subject of the complaint, such as photographs, documents or the Product. The Seller may also request additional information or evidence, such as photographs, if this will facilitate and speed up complaint handling.

6.7. The Seller will respond to a Consumer complaint without undue delay and no later than within 14 days of receiving it. If the Seller does not respond to the Consumer complaint within that period, the complaint is deemed accepted.

6.8. The legal basis and scope of the Seller’s statutory liability are determined by generally applicable law, in particular the Polish Civil Code, the Consumer Rights Act and the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws No. 144, item 1204, as amended). Additional information concerning the Seller’s statutory liability for Product conformity with the Sales Agreement is set out below:

  • For complaints concerning a Product – movable item purchased under a Sales Agreement concluded with the Seller on or before 31 December 2022, the relevant provisions of the Polish Civil Code in the wording applicable until 31 December 2022 apply, in particular Articles 556–576. These provisions govern, in particular, the basis and scope of the Seller’s liability where the sold Product has a physical or legal defect under statutory warranty rules. Pursuant to Article 558 §1 of the Polish Civil Code, the Seller’s statutory warranty liability for such a Product towards a Customer who is not a Consumer is excluded.
  • For complaints concerning a Product – movable item, including a movable item with digital elements, excluding a movable item serving exclusively as a carrier of digital content, purchased under a Sales Agreement concluded with the Seller from 1 January 2023, the provisions of the Consumer Rights Act in force from 1 January 2023 apply, in particular Articles 43a–43g. These provisions govern, in particular, the basis and scope of the Seller’s liability towards a Consumer in the event of a lack of conformity of the Product with the Sales Agreement.
  • For complaints concerning a Product – digital content, digital service or movable item serving exclusively as a carrier of digital content, purchased under a Sales Agreement concluded with the Seller from 1 January 2023, or before that date if such Product was to be supplied or was supplied after that date, the provisions of the Consumer Rights Act in force from 1 January 2023 apply, in particular Articles 43h–43q. These provisions govern, in particular, the basis and scope of the Seller’s liability towards a Consumer in the event of a lack of conformity of the Product with the Sales Agreement.

6.9. In addition to statutory liability, a Product may be covered by a guarantee. A guarantee is an additional contractual form of liability and may be used where a given Product is covered by one. The guarantee may be provided by an entity other than the Seller, such as the manufacturer or distributor. Detailed guarantee conditions, including the entity responsible for its performance and the entitled beneficiary, are available in the guarantee description, guarantee card or another document relating to the guarantee. The Seller points out that, in the event of a lack of conformity of the Product with the agreement, the Customer is entitled by law to remedies from and at the expense of the Seller, and the guarantee does not affect those remedies.

6.10. The provisions in Sections 6.8 concerning Consumers also apply to a Customer who is a natural person concluding an agreement directly related to their business activity where the content of the agreement indicates that it is not of a professional nature for that person, in particular taking into account the subject of the business activity disclosed on the basis of the Polish Central Register and Information on Economic Activity.

  1. OUT-OF-COURT COMPLAINT AND REDRESS PROCEDURES AND RULES OF ACCESS TO THESE PROCEDURES

7.1. A Consumer may use out-of-court complaint and redress procedures. Detailed information on available procedures and entities authorized to conduct proceedings for out-of-court settlement of consumer disputes is available on the website of the Polish Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the President of the Polish Office of Competition and Consumer Protection and provides information concerning amicable resolution of consumer disputes. The contact point may be contacted by telephone at +48 22 55 60 332 or by email at kontakt.adr@uokik.gov.pl, or in person at the UOKiK headquarters at plac Powstańców Warszawy 1, 00-030 Warsaw, Poland.

7.3. A Consumer may also use free assistance from a municipal or district consumer ombudsman, the Trade Inspection authority, as well as information and advice available via https://dlakonsumentow.pl/. Current contact details and information about available assistance are published at https://uokik.gov.pl/pomoc-dla-konsumentow.

7.4. The European Online Dispute Resolution (ODR) platform has been discontinued. As of 20 July 2025, there is no longer an obligation or possibility to direct Consumers to that platform.

  1. RIGHT OF WITHDRAWAL

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 Section 8.8. To meet the deadline, it is sufficient to send the withdrawal statement before the deadline expires. A withdrawal statement may be submitted:

  • in writing to: ul. Dworska 34, 18-230 Ciechanowiec, Poland;
  • electronically by email to: info@safegel.com.

8.2. A Product – movable item, including a movable item with digital elements – may be returned following withdrawal from the agreement to: ul. Dworska 34, 18-230 Ciechanowiec, Poland.

8.3. A model withdrawal form based on Annex 2 to the Consumer Rights Act is included in Section 13 of these Terms and Conditions. The Consumer may use this form, but is not required to do so.

8.4. The withdrawal period begins:

  • for an agreement under which the Seller delivers a Product and is obliged to transfer ownership of it – from the date on which the Consumer or a third party indicated by the Consumer, other than the carrier, takes possession of the Product; where the agreement (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part; or (2) provides for regular delivery of Products for a specified period – from taking possession of the first Product;
  • for other agreements – from the date the agreement is concluded.

8.5. If the Consumer withdraws from a distance contract, the contract is deemed not to have been concluded.

8.6. Products – movable items, including movable items with digital elements:

  • The Seller must promptly, and no later than within 14 calendar days from the day of receiving the Consumer’s withdrawal statement, refund all payments received from the Consumer, including the cost of delivering the Product, except for additional costs resulting from the Consumer’s choice of a delivery method other than the least expensive ordinary delivery method offered by the Online Store. The Seller shall make the refund using the same payment method used by the Consumer, unless the Consumer expressly agrees to another method that does not entail any cost for the Consumer. For Products that are movable items, including items with digital elements, if the Seller has not offered to collect the Product from the Consumer, the Seller may withhold reimbursement until it receives the Product back or until the Consumer provides evidence of having returned it, whichever occurs first.
  • The Consumer must return the Product to the Seller or hand it over to a person authorized by the Seller to receive it promptly and no later than within 14 calendar days from the day on which the Consumer withdrew from the agreement, unless the Seller has offered to collect the Product. The deadline is met if the Consumer sends the Product back before it expires.
  • The Consumer is liable for any diminished value of the Product resulting from handling it in a manner exceeding what is necessary to establish the nature, characteristics and functioning of the Product.

8.7. Products – digital content or digital services:

  • In the event of withdrawal from an agreement for the supply of digital content or a digital service, from the day the Seller receives the Consumer’s withdrawal statement, the Seller may not use any content other than personal data supplied or created by the Consumer while using the digital content or digital service supplied by the Seller, except where such content: (1) is useful only in connection with the digital content or digital service that was the subject of the agreement; (2) relates only to the Consumer’s activity while using the digital content or digital service supplied by the Seller; (3) has been aggregated by the entrepreneur with other data and cannot be disaggregated or can be disaggregated only with disproportionate effort; or (4) was created jointly by the Consumer and other consumers who may continue to use it. Except in the cases referred to above, the Seller shall, at the Consumer’s request, make available to the Consumer content other than personal data that was provided or created by the Consumer while using the digital content or digital service. The Seller may prevent further use of the digital content or digital service, in particular by disabling access or blocking the user’s account, without prejudice to the Consumer’s rights referred to in the preceding sentence. The Consumer is entitled to recover such digital content from the Seller free of charge, without hindrance, within a reasonable time and in a commonly used machine-readable format.
  • In the event of withdrawal from an agreement for the supply of digital content or a digital service, the Consumer must cease using the digital content or digital service and cease making it available to third parties.

8.8. Possible costs connected with withdrawal from the agreement which the Consumer is obliged to bear:

  • If the Consumer chose a delivery method other than the least expensive standard delivery method offered by the Online Store, the Seller is not obliged to reimburse the additional delivery costs.
  • The Consumer bears the direct cost of returning the Product.
  • In the case of a service whose performance, at the Consumer’s express request, began before the expiry of the withdrawal period, the Consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided up to the time of withdrawal. The amount payable is calculated proportionally to the extent of the performance provided, taking into account the agreed price or remuneration. If the agreed price or remuneration is excessive, the market value of the performance provided shall form the basis for calculation.

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

  • (1) for the provision of services for which the Consumer is obliged to pay a price, if the Seller has fully performed the service with the Consumer’s express and prior consent and after informing the Consumer before performance began that once the service had been fully performed the Consumer would lose the right of withdrawal, and the Consumer acknowledged this;
  • (2) in which the price or remuneration depends on fluctuations in the financial market that are beyond the Seller’s control and may occur before expiry of the withdrawal period;
  • (3) where the subject matter is a non-prefabricated movable Product made to the Consumer’s specifications or serving to satisfy the Consumer’s individualized needs;
  • (4) where the subject matter is a movable Product liable to deteriorate rapidly or with a short expiry date;
  • (5) where the subject matter is a movable Product supplied in sealed packaging which cannot be returned after opening for health protection or hygiene reasons, if the packaging has been opened after delivery;
  • (6) where the subject matter is a movable Product which, after delivery and by its nature, becomes inseparably mixed or connected with other items;
  • (7) where the subject matter is alcoholic beverages whose price was agreed when the Sales Agreement was concluded and which may be delivered only after 30 days and whose value depends on market fluctuations beyond the Seller’s control;
  • (8) where the Consumer expressly requested that the Seller visit them for urgent repairs or maintenance; if the Seller additionally provides services other than those expressly requested or supplies Products other than replacement parts necessary for the repair or maintenance, the Consumer retains the right of withdrawal with respect to those additional services or Products;
  • (9) where the subject matter is sealed audio or video recordings or sealed computer software and the seal has been broken after delivery;
  • (10) for the supply of newspapers, periodicals or magazines, except subscription agreements;
  • (11) concluded at a public auction;
  • (12) for accommodation other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities, entertainment, sporting or cultural events where the agreement provides for a specific date or period of performance;
  • (13) for the supply of digital content not supplied on a tangible medium for which the Consumer is obliged to pay a price, if performance began with the Consumer’s express and prior consent after the Consumer had been informed before performance began that they would thereby lose the right of withdrawal and acknowledged this, and the Seller provided the Consumer with the confirmation required by the Consumer Rights Act;
  • (14) for services for which the Consumer is obliged to pay a price where the Consumer expressly requested the Seller to visit them for the purpose of repair and the service has already been fully performed with the Consumer’s express and prior consent.

8.10. The provisions of this Section 8 concerning Consumers also apply, for agreements concluded from 1 January 2021, to a Service Recipient or Customer who is a natural person concluding an agreement directly related to their business activity where the content of that agreement indicates that it is not of a professional nature for that person, in particular taking into account the subject of their business activity disclosed under the Polish Central Register and Information on Economic Activity.

  1. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This Section 9 and all provisions contained herein apply exclusively to a Customer or Service Recipient who is not a Consumer and, for agreements concluded from 1 January 2021, is also not a natural person concluding an agreement directly related to their business activity where the content of the agreement indicates that it is not of a professional nature for that person, in particular taking into account the subject of their business activity disclosed under the Polish 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. In such a case, the Seller may withdraw without giving a reason and this does not give rise to any claims against the Seller on the part of the Customer.

9.3. The Seller’s liability under statutory warranty or for lack of conformity of the Product with the Sales Agreement is excluded to the extent permitted by law.

9.4. The Seller shall respond to a complaint submitted by a Customer covered by this Section within 30 calendar days from the date of its receipt.

9.5. The Seller has the right to restrict available payment methods, including requiring full or partial advance payment, regardless of the payment method chosen by the Customer and regardless of whether a Sales Agreement has already been concluded.

9.6. The Service Provider may terminate an agreement for the provision of an Electronic Service with immediate effect and without stating reasons by sending the Service Recipient an appropriate statement, to the extent permitted by law.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, irrespective of the legal basis, is limited – both for an individual claim and for all claims in aggregate – to the amount of the price paid and delivery costs under the Sales Agreement, but in any case not more than PLN 1,000, to the extent permitted by law. This limitation applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or where the claims are unrelated to a Sales Agreement. The Service Provider/Seller is liable only for typical damage foreseeable at the time of concluding the agreement and is not liable for lost profits, to the extent permitted by law. The Seller is also not liable for delays in transport to the extent permitted by law.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient covered by this Section shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider, to the extent permitted by applicable law.

  1. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND DIGITAL SERVICES

10.1. This Section 10 sets out the default rules for using Products consisting of digital content and digital services available in the Online Store. These rules apply where no individual terms of use have been established for a given Product or to matters not governed by such individual terms, for example where a licence granted by a Product manufacturer applies.

10.2. Rights to the Product, including copyright where the Product constitutes a protected work, belong to the Seller or other authorized third parties.

10.3. Under the concluded Sales Agreement, the Customer is entitled to use the Product in the manner and to the extent necessary for the purposes specified in the Sales Agreement or, if such purposes are not specified, for the purposes for which Products of that type are normally used, taking into account applicable law, technical standards and good practice.

10.4. The Customer may use the Product only for their own use, including within their business activity, unless the Sales Agreement provides otherwise. Subject to exceptions provided by mandatory law and different provisions of the Sales Agreement: (1) the Customer is not entitled to make the Product available to third parties; (2) the Customer is not entitled to use the Product for commercial resale or otherwise place it on the market; (3) the Customer is not entitled to transfer, sublicense or authorize other persons to use the Product; and (4) the Customer is not entitled to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble or otherwise interfere with the Product, unless such action is necessary to ensure lawful and proper use of the Product under the Sales Agreement.

10.5. The Customer may use the Product for the period specified in the Sales Agreement.

10.6. Access to the Product is provided by sending digital content or a link (URL) enabling access or playback to the email address provided by the Customer when placing the Order.

  1. PRODUCT REVIEWS

11.1. The Seller enables Customers to submit and access reviews of Products and of the Online Store in accordance with this Section.

11.2. A Customer may submit a review using a form for reviewing a Product or the Online Store. The form may be made available directly on the Online Store website, including through an external widget, or through an individual link sent to the Customer after purchase to the email address provided by the Customer. When submitting a review, the Service Recipient may also be able to add a graphical rating or a photograph of the Product if the relevant form provides such functionality.

11.3. A Product review may be submitted only for Products actually purchased in the Seller’s Online Store and only by a Customer who purchased the reviewed Product. Entering into fictitious or sham Sales Agreements for the purpose of submitting a Product review is prohibited. A review of the Online Store may be submitted by a person who is a Customer of the Online Store.

11.4. The review function may not be used for unlawful activities, in particular conduct constituting an act of unfair competition or conduct infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When submitting a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practice.

11.5. Reviews may be displayed directly on the Online Store website, for example next to a given Product, or in an external review service cooperating with the Seller and linked or embedded on the Online Store website.

11.6. The Seller ensures that published Product reviews originate from Customers who purchased the relevant Product. For this purpose, the Seller takes the following steps to verify that reviews originate from its Customers:

  • Publication of a review submitted through a form available directly on the Online Store website requires prior verification by the Seller. Verification consists of checking compliance with these Terms and Conditions, in particular whether the reviewer is a Customer of the Online Store and, for a Product review, whether that Customer purchased the reviewed Product. Verification takes place without undue delay.
  • The Seller sends Customers, including through an external review service with which it cooperates, an individual link to the email address provided during purchase. In this way, access to the review form is provided only to a Customer who has made a purchase in the Online Store.
  • If the Seller has doubts, or if other Customers or third parties raise objections as to whether a review comes from a Customer or whether that Customer purchased the reviewed Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm whether that person is in fact a Customer or purchased the reviewed Product.

11.7. Any comments, appeals concerning review verification or objections as to whether a review originates from a Customer or whether the Customer purchased the reviewed Product may be submitted in a manner analogous to the complaint procedure described in Section 6.

  1. FINAL PROVISIONS

12.1. Agreements concluded through the Online Store are concluded in Polish. An English-language version of these Terms and Conditions may be provided for convenience. Unless mandatory law provides otherwise or the parties expressly agree otherwise, the Polish version shall prevail in the event of discrepancies in interpretation.

12.2. Amendment of the Terms and Conditions:

  • The Service Provider reserves the right to amend these Terms and Conditions for valid reasons, including changes in law; changes to payment or delivery methods or deadlines; the need to comply with a legal or regulatory obligation; changes in the scope or form of Electronic Services; introduction of new Electronic Services; or the need to counter an unforeseen and immediate threat related to protecting the Online Store, Electronic Services and Service Recipients/Customers against fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that such changes affect the implementation of these Terms and Conditions.
  • Notice of proposed changes shall be sent at least 15 days before the date on which the changes enter into force, unless the change may be introduced without the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation requiring an amendment in a manner that prevents compliance with the 15-day notice period; or (2) must exceptionally amend the Terms and Conditions to counter an unforeseen and immediate threat related to protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches or other cybersecurity threats. In such cases, the changes may enter into force immediately unless a longer implementation period is possible or required, in which case the Service Provider shall notify users accordingly.
  • For agreements of a continuous nature, for example the Account Electronic Service, the Service Recipient may terminate the agreement with the Service Provider before the end of the notice period for the proposed changes. Such termination becomes effective within 15 days of receipt of the notice. In the case of a continuous agreement, the amended Terms and Conditions bind the Service Recipient if the Service Recipient was properly notified of the changes in advance and did not terminate the agreement within the applicable notice period. After receiving notice of changes, the Service Recipient may also accept the changes at any time and thereby waive the remainder of the notice period. For agreements other than continuous agreements, amendments to the Terms and Conditions shall not affect rights acquired before the amendments entered into force, in particular they shall not affect Orders already being placed or already placed or Sales Agreements already concluded, being performed or completed.
  • If an amendment to these Terms and Conditions results in the introduction of new fees or an increase in existing fees, the Consumer has the right to withdraw from the relevant agreement where such a right is provided by applicable law.

12.3. Matters not regulated by these Terms and Conditions are governed by generally applicable Polish law, in particular the Polish Civil Code, the Act of 18 July 2002 on the Provision of Electronic Services (Journal of Laws 2002 No. 144, item 1204, as amended), the Consumer Rights Act and other applicable generally binding provisions of Polish law.

  1. MODEL WITHDRAWAL FORM
    (ANNEX 2 TO THE POLISH CONSUMER RIGHTS ACT)

Model withdrawal form
(complete and return this form only if you wish to withdraw from the agreement)

– Addressee:

RENOVEY SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
ul. Dworska 34, 18-230 Ciechanowiec, Poland
safegel.com
info@safegel.com

– I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods () / contract for the supply of the following goods () / contract for work consisting of the production of the following goods () / contract for the provision of the following service (*)

– Date of conclusion of the agreement () / receipt ()

– Name of Consumer(s)

– Address of Consumer(s)

– Signature of Consumer(s) (only if this form is submitted on paper)

– Date

(*) Delete as appropriate.