REGULATIONS OF THE ONLINE STORE shoprelaxlures.com

  1. Definitions:
    1. Online Store - online shop available at the link: shoprelaxlures.com, run by the Seller,
    2. Regulations - the hereby Regulations of the Online Shop,
    3. Seller - Relax Lures sp. z o.o. with its registered office and correspondence address: ul. gen. Władysława Sikorskiego 39, 58-260 Bielawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, IX Commercial Division of the National Court Register, under KRS number: 0000898575, Tax ID (NIP): 8822137539, National Business Registry Number (REGON): 388905683, e-mail: sales@relaxlures.com, telephone no. +48 74 833 54 06, contact form available at the link: https://shop.relaxlures.com/contact,
    4. Buyer - Consumer or Entrepreneur using the services provided by the Seller electronically as part of the Online Store (including in particular by setting up an Account) or concluding a Sales Agreement with the Seller,
    5. Consumer - a natural person with full legal capacity or - in cases provided for by law - limited legal capacity, concluding a Sales Agreement with the Seller or using the services provided by the Seller electronically to the extent not directly related to its business or professional activity,
    6. Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, which the law grants legal capacity, conducting business or professional activity on its own behalf, concluding a Sales Agreement with the Seller or using the services provided by the Seller electronically,
    7. Registration Form - a form available in the Online Store that allows you to create an Account,
    8. Account - a set of resources marked with an individual name (login) and password assigned to the Client in the Seller's IT system, in which the Client's data is collected, including in particular information about placed Orders, the establishment of which requires the Client to complete the Registration Form,
    9. Order Form - a form available in the Online Store, enabling the Client to place an Order and its implementation after setting up an Account, as well as without the need to set up an Account,
    10. Order - the Client's declaration of will, constituting an offer to conclude a Sales Agreement with the Seller,
    11. Sales Agreement - a sales agreement concluded between the Seller and the Client remotely via the Online Store, regarding the purchase of Products,
    12. Basket - a virtual tool enabling the Client to aggregate selected Products before purchasing them and to convert their value, while selecting Products, the Client may freely manage the content of the Basket by adding or removing Products from it,
    13. Product - a movable item available in the Online Store, which is the subject of the Sales Agreement,
    14. Proof of Purchase - a VAT invoice issued by the Seller and confirming the conclusion of the Sales Agreement,
    15. Promotion - a price discount for selected Products that may be the subject of the Sales Agreement, or other benefit provided for the Client in connection with the conclusion of the Sales Agreement or setting up an Account,
    16. Newsletter - a service provided electronically by the Seller after prior consent of the Client, consisting in automatic receipt by the Client to the e-mail address provided by him the most important information, including commercial information, related to the Online Store,
    17. Materials - photos of the Products and other materials (including in particular texts, graphics, logos, source codes) being works within the meaning of the intellectual property laws, posted in the Online Store and owned by the Seller or used by the Seller with the consent of a person or third party who has intellectual property rights to the Materials,
    18. Privacy Policy - a document available in the Online Store, specifying the rules related to the processing of personal data by the Seller as part of the Online Store, which is the fulfillment of the information obligation referred to in the provisions on the protection of personal data,
    19. Appendix No. 1 (Complaint Form) - a model form attached to the Regulations enabling the submission of a complaint referred to in § 8 of the Regulations,
    20. Appendix No. 2 - a template of the declaration of withdrawal from the Sales Agreement attached to the Regulations, referred to in § 10 of the Regulations.
  2. GENERAL PROVISIONS.
    1. These Regulations apply to Sales Agreements and other services provided by the Seller via the Online Store.
    2. Services provided electronically by the Seller in the Online Store consist in enabling the Client by the Seller to:
      1. conclude Sales Agreements on the terms set out in these Regulations,
      2. setting up and having an Account in the Online Store,
      3. receiving the Newsletter,
      4. use other services available in the Online Store.
    3. Announcements, advertisements, price lists and other information about the Products provided in the Online Store should be considered as an invitation to conclude a Sales Agreement.
    4. The Online Store sells outside the territory of the Republic of Poland in the area of European Union.
    5. All Products available in the Online Store are original, brand new (free from defects) and comply with applicable standards, requirements and legal regulations.
    6. The Seller takes the utmost care in the implementation of Sales Agreements and Orders.
    7. Promotions may be organized in the Online Store on the terms specified and made public in the Online Store by the Seller.
      In the event of using Promotions involving a price reduction, the Seller - in addition to information about the reduced price - also includes the following information:
      1. in the case of Products offered for sale for a period of at least 30 days - with the lowest price of this Product, which was in force during the period of 30 days before the reduction was introduced,
      2. in the case of Products offered for sale for a period shorter than 30 days - about the lowest price of this Product, which was in force in the period from the date of offering this Product for sale to the date of introducing the discount.
    8. The provisions of these Regulations are not intended to exclude or limit any rights of the Client who is a Consumer, entitled to him under generally applicable laws. In the event of non-compliance of the provisions of these Regulations with the provisions referred to in this point, these provisions shall prevail.
    9. In the case of an Entrepreneur who is a natural person conducting business activity, who concludes a Sales Agreement directly related to her/his business activity, when at the same time the content of the Sales Agreement shows that it is not of a professional nature for such an Entrepreneur, resulting in particular from the subject of the activity performed by such Entrepreneur of business activity, the provisions of these Regulations regarding the Client who is a Consumer also apply to such Entrepreneur, taking into account the relevant provisions of law.
    10. For the effective use of the Online Store necessary is a computer with a min. 200MHz, 64MB RAM, a graphics card supporting resolutions of 1024x768 and 256 colors and a web browser (e.g. Internet Explorer (version >= 6.0), Mozilla Firefox, Opera, Google Chrome, Safari or other), keyboard or other pointing device enabling correct filling out electronic forms, internet connection with a minimum bandwidth of 512 kbit/s download, 128 kbit/s upload, as well as an active e-mail account.
  3. RULES OF USING THE ONLINE STORE.
    1. The Client is obliged to use the Online Store in a manner consistent with applicable law, principles of social coexistence and decency, bearing in mind respect for personal rights and intellectual property rights of third parties.
    2. Using the Online Store is completely voluntary.
    3. The Client may not take actions that could affect the proper operation of the Online Store, in particular the Client may not:
      1. interfere with the content and graphic elements of the Online Store,
      2. post unlawful content in the Online Store,
      3. introduce harmful data to the Online Store as an IT system, in particular in the form of malware, i.e. viruses, spyware, etc.
      4. use the Online Store for purposes other than its intended purpose, i.e. in particular, may not send SPAM or similar messages and conduct any business, commercial, advertising or promotional activities on its behalf within the Online Store.
    4. When completing the Registration Form or the Order Form, the Client is obliged to read the Regulations and the Privacy Policy and to accept their content.
    5. When using the Online Store, the Client is obliged to provide true and factual data and information necessary to set up an Account or conclude and implement the Sales Agreement.
    6. It is forbidden to transfer personal data of third parties via the Online Store without the consent of these persons. In the case of natural persons who do not have full legal capacity, consent should be given by their statutory representatives or legal guardians.
    7. Both the Client and any other person having access to the Online Store are obliged to refrain from copying, modifying, distributing, reprinting, transmitting or using in any other way (including in particular for marketing, commercial or commercial purposes), Materials posted in the Online Store without the written consent of the Seller or any other person or third party who is entitled to intellectual property rights to the Materials, with the exception of using these Materials as part of the fair use, referred to in the intellectual property laws.
    8. Violation of the provisions of the preceding point could constitute a violation of the law, and thus constitute the basis for instituting civil or criminal proceedings against persons or entities committing such practices.
    9. The Client bears full responsibility towards the Seller and third parties or entities for damages related to:
      1. violation by the Client of the law, including in particular the rights of third parties or persons and the provisions of these Regulations,
      2. incorrect or unauthorized use of the Online Store, as well as for related technical problems, loss of data or other damage to the operation of the Online Store, including in particular for carrying out the activities referred to in point 3 of this paragraph.
    10. The Client's liability referred to in the preceding point includes both repairing the damage to the Seller and a third person or entity, as well as incurring additional costs resulting from the damage, including in particular court costs, costs of legal representation, costs of enforcement proceedings and other reasonable costs incurred by the Seller in connection with causing damage to it and in connection with claims of third parties or persons.
  4. CREATE AN ACCOUNT.
    1. Setting up an Account by the Client requires completing the Registration Form, setting an individual password and clicking a dedicated button. Then, the Client will receive an activation link to the e-mail address provided in the Registration Form, which must be clicked to complete the registration successfully.
    2. After setting up an Account in the manner referred to in the preceding point, the Client immediately gains access to the Account via an individual login and password. An account in the Online Store is established for an indefinite period and its possession does not give rise to any financial obligations for the Client towards the Seller.
    3. The Account may be deleted at any time directly by the Client through the functionalities available in the Online Store and after performing further actions indicated in the Online Store or by sending a request by the Client to delete the Account to the Seller's e-mail address: claims@relaxlures.com.
  5. PRINCIPLES OF SUBMISSION AND IMPLEMENTATION OF ORDERS.
    1. The Client may place an Order:
      1. within her/his Account after completing the Order Form at any time (24 hours a day, 7 days a week) - the Client should complete the Registration Form (set up an Account), add Products to the Basket, complete the Order Form and confirm the Order with a dedicated button,
      2. by completing the Order Form available without the need to set up an Account at any time (24 hours a day, 7 days a week) - the Client should add Products to the Basket, complete the Order Form and confirm the Order with a dedicated button,
    2. Confirmation of submission and acceptance of the Order will be sent to the Client by the Seller in the form of an e-mail after placing the Order in the manner indicated in the preceding point.
    3. The Sales Agreement between the Seller and the Client is considered concluded upon receipt by the Client of the e-mail referred to in the preceding point.
    4. Orders submitted for implementation may be canceled by the Client who is a Consumer until the Product is shipped.
    5. The Order implementation time (completion of the Order and preparation for shipment) is from 3 to 7 business days (business days are days other than Saturdays, Sundays and other public holidays referred to in the Polish Act of 18th of January 1951 on non-working days), taking into account points 6 and 7 of this paragraph.
    6. The Order implementation time referred to in the preceding point may be postponed in the event of force majeure, which should be understood as unavoidable, extraordinary, unforeseeable and beyond control circumstances, the effects of which could not be avoided despite taking all reasonable actions, as its duration.
    7. If the Product is unavailable, the Client is informed about it, and then he may agree to extend the Order completion time than indicated in point 5 of this paragraph, or cancel the ordered Product or the entire Order.
    8. The Seller reserves the right to cancel the Order if the Client - despite the request - has not completed the deficiencies required for effective implementation of the Order within 3 days, taking into account § 6 point 6 of the Regulations.
  6. PAYMENTS.
    1. In connection with the implementation of Orders and Agreements, the Seller is entitled to remuneration according to the prices available in the Online Store and applicable at the time of placing the Order.
    2. The prices given in the Online Store are expressed in Euro, are gross prices and include all components, including VAT and customs duties. However, the prices do not include any costs of delivery of the Product, which are indicated before placing the Order.
    3. The Client is informed about the total price for the Products covered by the Order, which includes delivery costs, before placing the Order.
    4. A Proof of Purchase is attached to each Order, and the Client agrees that as a Proof of Purchase she/he will receive an electronic invoice to the e-mail address provided in the Registration Form or in the Order Form.
    5. When placing an Order, the Client may - at its discretion - choose one of the following payment methods for the ordered Products:
      1. payment by online transfer to the Seller's bank account - the Order is sent not earlier than when the full amount for the Order is credited to the Seller's bank account,
      2. payment by Visa, Visa Electron, MasterCard or Maestro payment card - the Order is sent not earlier than at the time of positive authorization of the full amount for the Order,
      3. payment via the PayPal online platform - the Order is sent no earlier than at the time of a positive result of authorization of the full amount for the Order.
    6. When one of the payment methods referred to in the preceding point is selected, if the Client fails to make the payment within 3 days from the date of confirming the Order, the Seller may request the Client to make the payment within a period of not less than 3 days. In the event of failure to comply with the request within the indicated period, the Seller may cancel the Order by informing the Client by e-mail or telephone.
    7. In the event of a delay in payment by the Client who is an Entrepreneur, the Seller is entitled to statutory interest for delays in commercial transactions and the costs of recovering receivables in accordance with in accordance with applicable law.
    8. Internet payments made on-line via the PayPal platform available at www.paypal.com, referred to in point 5 lit. c of this paragraph, are handled by PayPal Polska sp. z o.o. with its registered office at: ul. Emilii Plater 53, 00-113 Warsaw, Polish National Court Register number (KRS): 0000289372, Tax ID (NIP): 5252406419.
  7. DELIVERY.
    1. The Products ordered by the Client are delivered to the address provided when placing the Order by the courier company.
    2. Delivery costs are charged in accordance with the current delivery price lists and depend on the weight and size of the shipment. The Client is informed about the delivery costs before placing the Order.
    3. Delivery costs are borne by the Client.
    4. The Client undertakes to collect the shipped Product.
    5. The Client who is an Entrepreneur is obliged to check the shipment in the presence of a courier at the time of its delivery, excluding the Entrepreneur referred to in § 2 point 9 of the Regulations.
    6. For the Client who is a Consumer and the Entrepreneur referred to in § 2 point 9 of the Regulations, the Seller recommends checking the shipment in the presence of a courier. Failure to check the shipment does not stop the possible complaint referred to in § 8 of the Regulations, however, if such verification is carried out, the complaint procedure will be significantly improved.
  8. COMPLAINT.
    1. The Seller is responsible for the non-compliance of the Product with the Sales Agreement, if the non-compliance was found within two years from the date of delivery of the Product to the Client.
    2. Slight differences in the appearance of the Products resulting from the individual settings of the Client's computer, including in particular the monitor, may not be considered by the Seller as a sufficient basis to consider the Product complaint.
    3. If the Client finds that the delivered Product is inconsistent with the Sales Agreement, the Client is obliged to inform the Seller.
    4. The complaint should contain: the Client's data, information about the Product and the Order, description and date of finding the Product's non-compliance with the Sales Agreement and the Client's request. The Client is also obliged to provide the original or a copy of the Proof of Purchase or other proof confirming the purchase of the Product under complaint, as well as to return the Product under complaint so that the complaint can be considered.
    5. In order to facilitate the complaint procedure, the Seller provides on the website of the Online Store the Complaint Form constituting Appendix No. 1 to these Regulations.
    6. Complaints should be submitted:
      1. in the case of paper form - by correspondence to the Seller's address: ul. gen. Wladyslawa Sikorskiego 39, 58-260 Bielawa, Poland,
      2. in the case of e-mail - to the Seller's e-mail address: claims@relaxlures.com.
    7. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller will ask the complainant to supplement it in the indicated scope.
    8. The Seller undertakes to consider the complaint submitted by the Client who is a Consumer who, as part of the complaint, requested repair or replacement of the Product within a reasonable time, while the Seller will make every effort to consider the Customer's complaint within 14 days from the date of its submission or supplementation by the Client.
    9. The Seller's liability for non-compliance of the Product with the Sales Agreement towards Clients who are Entrepreneurs is completely excluded, with the exception of Entrepreneurs referred to in § 2 point 9 of the Regulations.
  9. WARRANTY.
    1. Some of the Products (rods) offered in the Online Store are covered by the warranty provided by the Seller (guarantor).
    2. Details of the rules and warranty procedure result from the warranty card attached to the shipment with the Product covered by the warranty or from the warranty statement provided by the guarantor in the Online Store.
    3. The warranty does not exclude, limit or suspend the rights of the Client who is a Consumer or Entrepreneur, referred to in § 2 point 9 of the Regulations, under the warranty for defects in the Product to the extent specified in the provisions of the applicable law.
  10. WITHDRAWAL FROM THE SALES AGREEMENT.
    1. The Client who is a Consumer has the right to withdraw from the Sales Agreement as a distance Agreement, without giving any reason, within 14 days from the date of receipt of the Product, unless the exclusion referred to in point 9 of this paragraph applies.
    2. Using the power of the right referred to in the preceding point requires the Client to submit a declaration of withdrawal from the Sales Agreement within the specified period:
      1. in the case of paper form - by correspondence to the Seller's address: ul. gen. Wladyslawa Sikorskiego 39, 58-260 Bielawa, Poland,
      2. in the case of e-mail - to the Seller's e-mail address: claims@relaxlures.com.
    3. In order to facilitate the submission of a declaration of withdrawal from the Sales Agreement, the Seller provides on the website of the Online Store a template of the declaration constituting Appendix No. 2 to these Regulations.
    4. When withdrawing from the Sales Agreement, the Client is obliged to return the Product together with the original or a copy of the Proof of Purchase or other evidence confirming the purchase of the returned Product, within 14 days from the date of submitting the declaration of withdrawal from the Sales Agreement. Returns of Products covered by the declaration of withdrawal from the Sales Agreement, sent at the Seller's expense or on delivery, will not be accepted by the Seller.
    5. The shipping costs of the returned Product are borne by the Client.
    6. The Client is responsible for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.
    7. The Seller returns to the Client the price of the Product and the delivery costs incurred by the Client when purchasing the Product no later than within 14 days from the date of delivery of the Product covered by the statement of withdrawal from the Sales Agreement, taking into account point 8 of this paragraph.
    8. The Seller refunds the payment using the same method of payment that the Client used when purchasing the Product, unless the Client expressly agreed to a different method of return, which does not involve additional costs for him. However, if the Client has chosen a different than the cheapest usual method of delivery of the Product offered by the Seller, the Seller is not obliged to reimburse the Client for the additional costs incurred by her/him.
    9. The right to withdraw from the Sales Agreement referred to in this paragraph does not apply in the case of:
      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 commencement of the service that after the performance of the service by the Seller, she/he will lose the right to withdraw from the Sales Agreement,
      2. Agreements for services for which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the deadline to withdraw from the Sales Agreement,
      3. Sales Agreements, the subject of which is a non-prefabricated item, manufactured according to the Client's specifications or serving to meet her/his individual needs,
      4. Sales Agreements, the subject of which is an item that is subject to rapid deterioration or has a short shelf life,
      5. Sales Agreements, the subject of which is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging was opened by the Client after delivery,
      6. specific Sales Agreements, the subject of which are items that after delivery, due to their nature, are inseparably connected with other items,
      7. Sales Agreements, the subject of which are alcoholic beverages, for which the price was agreed at the conclusion of the Sales Agreement and delivery may take place only after 30 days, and their value depends on market fluctuations over which the Seller has no control,
      8. Agreements in which the Client explicitly demanded that the Seller come to her/him for urgent repair or maintenance, and if the Seller additionally provides services other than those requested by the Client, or supplies items other than spare parts necessary to perform the repair or maintenance - the Client has the right to withdraw from the Agreement in relation to additional services or items,
      9. Sales Agreements, the subject of which are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened by the Client after delivery,
      10. delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
      11. Sales Agreements concluded through a public auction,
      12. Agreements 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 concluded Agreement specifies the day or period of service provision,
      13. Sales Agreements, the subject of which is the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline to withdraw from the Sales Agreement and after informing him by the Seller about the loss of the right to withdraw from the Sales Agreement.
    10. Details regarding the exercise of the right to withdraw from the Sales Agreement - as a distance Agreement - are specified in the revelant consumer regulations.
    11. The provisions of this paragraph are absolutely excluded for Clients who are Entrepreneurs, with the exception of Entrepreneurs referred to in § 2 point 9 of the Regulations, to whom the provisions of this paragraph apply.
  11. PERSONAL DATA PROTECTION.
    1. The Seller is the Controller of Clients' personal data.
    2. The Seller as the Controller processes personal data in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general regulation on data protection) and other relevant provisions on the protection of personal data.
    3. The Client may consent to the processing of her/his personal data by the Seller in order to receive the Newsletter to the e-mail address indicated by the Client.
    4. All detailed rules regarding the processing of personal data, including in particular the purposes and legal grounds for processing and the rights of Clients as persons to whom personal data relate, are included in the Privacy Policy.
  12. FINAL PROVISIONS.
    1. The Seller reserves the right to introduce restrictions on the use of the Online Store caused by its technical service, maintenance work or work on improving its functionality. At the same time, the Seller undertakes to make every effort to ensure that such restrictions and breaks take place at night and last as short as possible.
    2. The Seller reserves the right to change these Regulations. The changes come into force at the time clearly indicated by the Seller, not earlier than 7 days from the date of their announcement. Orders placed before the entry into force of the changes referred to in the preceding sentence will be implemented on the terms in force at the time of their submission. The Client who does not agree to the changes introduced in these Regulations should refrain from further use of the Online Store.
    3. Any disputes between the Seller and the Client - subject to their mutual consent - will be settled amicably or in the presence of an independent and impartial mediator.
    4. The Client who is a Consumer may:
      1. use out-of-court methods of dealing with complaints and pursuing claims and the entity authorized to conduct out-of-court dispute resolution proceedings consumer protection to which the Seller is subject is the Lower Silesian Voivodship Inspector of Trade Inspection in Wrocław (address: ul. Ofiar Oświęcimskich 15a, 50-059 Wrocław, Poland, e-mail: sekretariat@wiih.wroclaw.pl, website: wiih.ibip.wroc.pl),
      2. submit a complaint via the EU ODR online platform, available at the link: http://ec.europa.eu/consumers/odr/.
    5. If it is not possible to resolve the dispute amicably, the court with jurisdiction over disputes will be the court competent for the registered office/headquarters of the Seller (i.e. the Court in Dzierżoniów, Poland), and in the case of the Client who is a Consumer, the court competent according to general rules.
    6. In matters not covered by these Regulations, the relevant provisions of generally applicable law shall apply, including in particular the civil, consumer, intellectual property and personal data protection regulations.
    7. These Regulations have been in force since 28th of April 28 2023.