Terms of service

Terms and Conditions of the Another Way Online Store

defining, among others, the rules of concluding sales agreements through the Store, containing the most important information about the Seller, the Store, and the Consumer's rights


Provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.


TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal from the Agreement
§ 8 Exceptions to the Right of Withdrawal from the Agreement
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Attachment No. 1: Withdrawal Form Template

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays.
Consumer – a consumer within the meaning of the Civil Code.
Account – a free service of the Store (a service provided electronically) regulated by a separate regulation, thanks to which the Buyer can create their individual account in the Store.
Buyer – any entity purchasing in the Store.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a natural person concluding an agreement with the Seller directly related to their economic activity, but without a professional character (the definition applies to agreements concluded from January 1, 2021 onwards).
Regulations – these regulations.
Store – Another Way online store operated by the Seller at www.aw-anotherway.pl.
Seller – Natalia Woźniak, an entrepreneur conducting business under the name Another Way Natalia Woźniak, registered in the Central Register and Information on Economic Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Economic Activity, Tax Identification Number (NIP): 8351614708, National Official Business Register (REGON): 388273390, Bogusławki Małe 25C, 96-200 Bogusławki Małe.

§ 2 CONTACT WITH THE SELLER

  1. Mailing Address: Bogusławki Małe 25C, 96-200 Bogusławki Małe
  2. Email Address: kontakt@aw-anotherway.pl
  3. Phone: 665-140-498

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning of the Store, the following are required:
    • Device with internet access
    • Web browser supporting JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

  1. The prices of goods visible in the Store are total prices for the goods.
  2. The Seller points out that the total order price consists of the following elements indicated in the Store: the price of the goods and, if applicable, the costs of delivering the goods.
  3. The selected product to be purchased should be added to the shopping cart in the Store.
  4. Then the Buyer selects from the available options in the Store: the method of delivering the goods and the method of payment for the order, as well as provides the necessary data to fulfill the placed order.
  5. An order is placed when its content is confirmed and the Regulations are accepted by the Buyer.
  6. Placing an order is equivalent to concluding a sales agreement between the Buyer and the Seller.
  7. The Seller will provide the Privileged Buyer with confirmation of the conclusion of the sales agreement in a durable medium no later than at the time of delivery of the goods.
  8. To place an order, the Buyer can register in the Store, i.e., create an Account there.

§ 5 PAYMENTS

  1. For the placed order, payment can be made, depending on the Buyer's choice:
    1. via a payment platform:
      • Stripe
  2. In the case of choosing payment via the Stripe payment platform, the entity providing online payment services is Stripe, Inc.
  3. In the case of payment in advance chosen by the Buyer, the order must be paid within 24 hours from placing the order.
  4. The Seller informs that in the case of some payment methods, due to their nature, payment for the order is possible only immediately after placing the order.

§ 6 ORDER FULFILLMENT

  1. The Seller is obliged to deliver the goods without defects.
  2. The order fulfillment period is indicated in the Store.
  3. In the case where the Buyer chose to pay in advance for the order, the Seller will start fulfilling the order after its payment.
  4. In a situation where, within one order, the Buyer has purchased goods with different fulfillment periods, the order will be fulfilled within the period appropriate for the goods with the longest fulfillment period.
  5. The goods are delivered only within the territory of the European Union. The full list of countries to which we deliver orders is displayed in the cart before placing an order.
  6. The goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
    1. via courier company

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The Privileged Buyer has the right to withdraw from the agreement concluded with the Seller through the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
  2. The deadline for withdrawing from the agreement expires after 14 days from the day:
    1. on which the Privileged Buyer took possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of the goods;
    2. on which the Privileged Buyer took possession of the last item or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of the last item in the case of an agreement that obliges to transfer ownership of many items delivered separately.
  3. In order for the Privileged Buyer to exercise the right of withdrawal from the agreement, the Seller must be informed of their decision to withdraw from the agreement using the contact details provided in § 2 of the Regulations by means of an unequivocal statement (for example, a letter sent by mail or an email).
  4. The Privileged Buyer may use the withdrawal form template placed at the end of the Regulations, but this is not mandatory.
  5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information regarding the exercise of the right of withdrawal from the agreement before the withdrawal period expires.

    CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
  6. In the event of withdrawal from the concluded agreement, the Seller refunds all payments received from the Privileged Buyer, including the costs of delivering the goods (except for additional costs resulting from the Privileged Buyer's choice of a delivery method other than the cheapest ordinary method offered by the Seller), without undue delay and in any case no later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal from the agreement.
  7. The Seller will make the reimbursement using the same means of payment as the Privileged Buyer used for the initial transaction, unless the Privileged Buyer has expressly agreed otherwise; in any event, the Privileged Buyer will not incur any fees as a result of such reimbursement.
  8. The Seller may withhold the reimbursement until the goods are received back or until the Privileged Buyer provides proof of having sent back the goods, whichever occurs first.
  9. The Privileged Buyer should return the goods to the address: Bogusławki Małe 25C, 96-200 Bogusławki Małe without undue delay, and in any case not later than 14 days from the day on which the Privileged Buyer informed the Seller about the withdrawal from the sales agreement. The deadline is met if the Privileged Buyer sends back the goods before the period of 14 days has expired.
  10. The Privileged Buyer bears the direct cost of returning the goods.
  11. The Privileged Buyer is only responsible for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods.
  12. If, due to its nature, the goods cannot be returned by regular mail, the Privileged Buyer will also have to bear the direct cost of returning the goods. The estimated amount of these costs will be provided to the Privileged Buyer by the Seller in the product description in the Store or when placing the order.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  1. The right to withdraw from a distance contract, as referred to in § 7 of the Regulations, does not apply to a contract:
    1. where the subject of the service is a non-prefabricated item, made according to the specifications of the Privileged Buyer or serving to satisfy their individualized needs;
    2. where the subject of the service is an item subject to rapid deterioration or having a short shelf life;
    3. where the subject of the service is an item delivered in a sealed package, which cannot be returned for health protection or hygiene reasons if the package was opened after delivery;
    4. where the subject of the service are items which, due to their nature, become inseparably connected with other items after delivery;
    5. where the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package was opened after delivery;
    6. for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts;
    7. 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 deadline for withdrawing from the contract.

§ 9 COMPLAINTS

  1. In the case of a defect in the goods, the Consumer has the option to complain about the defective goods based on the warranty or guarantee provided under the Civil Code, if a guarantee was given.
  2. When using the warranty, the Consumer may, on the terms and within the deadlines set out in the Civil Code:
    1. submit a statement on reducing the price,
    2. in the case of a significant defect - submit a statement of withdrawal from the contract,
    3. request the replacement of the item with one free of defects,
    4. request removal of the defect.
  3. The Seller asks to submit complaints based on the warranty to the postal or electronic address indicated in § 2 of the Regulations.
  4. If it turns out that to consider a complaint, it is necessary to deliver the defective goods to the Seller, the Consumer is obliged to deliver these goods at the Seller's expense to the address Bogusławki Małe 25C, 96-200 Bogusławki Małe.
  5. If an additional guarantee has been given for the goods, information about it, as well as its conditions, is available in the product description in the Store.
  6. Complaints concerning the operation of the Store should be directed to the email address indicated in § 2 of the Regulations.
  7. The consideration of the complaint by the Seller will take place within 14 days.

    OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS
  8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
    1. mediation conducted by the competent Provincial Trade Inspection Inspectorate, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates is available here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. help of the competent territorial permanent amicable consumer court operating at the Provincial Trade Inspection Inspectorate, to which an application for considering the case before the amicable court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of a municipal or district Consumer Ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 10 PERSONAL DATA

  1. The Seller is the administrator of personal data provided by the Buyer while using the Store. Detailed information on the processing of personal data by the Seller – including other purposes and bases for data processing, as well as recipients of data – can be found in the Privacy Policy available in the Store – in accordance with the principle of transparency contained in the General Data Protection Regulation of the European Parliament and Council (EU) – "GDPR".
  2. The purpose of processing the Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:
    • a contract or actions taken at the Buyer's request, aiming at its conclusion (Article 6(1)(b) of the GDPR),
    • a legal obligation related to accounting imposed on the Seller (Article 6(1)(c)), and
    • the legitimate interest of the Seller, which consists in processing data for the purpose of establishing, pursuing, or defending possible claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude a contract. Failure to provide data will prevent the conclusion of a contract in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until:
    1. the contract concluded between the Buyer and the Seller expires;
    2. the Seller is no longer subject to a legal obligation requiring the processing of the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller related to the contract concluded through the Store ceases;
    4. the Buyer's objection to the processing of his personal data is accepted – in case the basis for data processing was the legitimate interest of the Seller
    – depending on which is applicable in a given case and which occurs last.
  5. The Buyer has the right to request:
    1. access to their personal data,
    2. their rectification,
    3. deletion,
    4. restriction of processing,
    5. transfer of data to another administrator
      and also the right:
    6. to object at any time to the processing of data for reasons related to the Buyer's particular situation – against the processing of his personal data based on Article 6(1)(f) of the GDPR (i.e., on the legitimate interests pursued by the administrator).
  6. To exercise their rights, the Buyer should contact the Seller using the data from § 2 of the Regulations.
  7. If the Buyer believes that their data is being processed unlawfully, the Buyer may file a complaint with the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

  1. The Buyer is prohibited from providing unlawful content.
  2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded for the time and purpose of executing the order.
  3. Contracts concluded based on these Regulations are concluded in Polish.
  4. In the event of a dispute with a Buyer who is not a Privileged Buyer, the court competent for the Seller's seat shall be the competent court.
  5. All liability of the Seller towards a Buyer who is not a Privileged Buyer, within the limits permitted by law, is excluded.
  6. Warranty liability towards the Privileged Entrepreneur is excluded.



Attachment No. 1 to the Regulations

Below is a template of the contract withdrawal form, which the Consumer or Privileged Entrepreneur may, but does not have to, use:



TEMPLATE OF THE CONTRACT WITHDRAWAL FORM
(this form should be filled out and sent only if you wish to withdraw from the contract)

Another Way Natalia Woźniak
Bogusławki Małe 25C, 96-200 Bogusławki Małe
email address: kontakt@aw-anotherway.pl

- I/We(*) ..................................................................... hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Date of contract conclusion(*)/receipt(*)

..............................................................................................................................................................................

- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

..............................................................................................................................................................................

.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if the form is sent in paper version)

Date ............................................

(*) Cross out if not applicable.

Account Terms and Conditions

in the Another Way store



Provisions regarding the Privileged Entrepreneur apply to contracts concluded from January 1, 2021.



TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal Data
§ 7 Reservations

§ 1 DEFINITIONS

Consumer – a consumer within the meaning of the Civil Code provisions.
Account – a free function of the Store (service) regulated in the Regulations, thanks to which the Buyer can set up their individual account in the Store.
Buyer - any entity purchasing in the Store.
Privileged Buyer – a Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a natural person entering into a contract with the Seller directly related to their business activity, but not having a professional character for it (the definition applies to contracts concluded from January 1, 2021).
Regulations - these Account regulations.
Store – the Another Way online store operated by the Seller at www.aw-anotherway.pl
Seller - Natalia Woźniak, an entrepreneur conducting business under the name Another Way Natalia Woźniak, registered in the Central Register and Information on Economic Activity conducted by the minister competent for economy and maintaining the Central Register and Information on Economic Activity, Tax Identification Number (NIP) 8351614708, National Official Business Register (REGON) number 388273390, Bogusławki Małe 25C, 96-200 Bogusławki Małe.

§ 2 CONTACT WITH THE SELLER

  1. Mailing address: Bogusławki Małe 25C, 96-200 Bogusławki Małe
  2. Email address: kontakt@aw-anotherway.pl
  3. Phone: 665-140-498

§ 3 TECHNICAL REQUIREMENTS

  1. For the proper functioning and setting up of the Account, the following are required:
    • an active email account
    • device with internet access
    • web browser supporting JavaScript and cookies

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and depends on the Buyer's will.
  2. The Account provides the Buyer with additional possibilities, such as: reviewing the history of orders placed by the Buyer in the Store, checking the status of the order, or editing the Buyer's data on their own.
  3. To create an Account, it is necessary to fill out the appropriate form in the Store.
  4. At the moment of creating an Account, an indefinite agreement is concluded between the Buyer and the Seller regarding the management of the Account under the terms indicated in the Regulations.
  5. The Buyer may at any time resign from the Account without incurring any costs.
  6. To resign from the Account, it is necessary to send your resignation to the Seller at the email address: kontakt@aw-anotherway.pl, which will result in the immediate deletion of the Account and the termination of the agreement regarding the management of the Account.

§ 5 COMPLAINTS

  1. Complaints regarding the functioning of the Account should be directed to the email address kontakt@aw-anotherway.pl.
  2. The Seller will consider the complaint within 14 days.

    OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND REDRESS
  3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:
    1. mediation conducted by the competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
    2. help of the competent local permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
    3. free assistance of a municipal or district consumer ombudsman;
    4. the online ODR platform available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks.

§ 6 PERSONAL DATA

  1. The Seller is the administrator of personal data provided by the Buyer while using the Account. Detailed information on the processing of personal data by the Seller – including other purposes and bases for data processing, as well as recipients of data – can be found in the Privacy Policy available in the Store, due to the principle of transparency, contained in the General Data Protection Regulation of the European Parliament and Council (EU) – "GDPR".
  2. The purpose of processing the Buyer's data is to manage the Account. The basis for processing personal data in this case is a contract for the provision of service or actions undertaken at the Buyer's request, aiming at its conclusion (Article 6(1)(b) of the GDPR), as well as the legally justified interest of the Seller, consisting of processing data for the purpose of establishing, pursuing, or defending potential claims (Article 6(1)(f) of the GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary for the management of the Account. Failure to provide data means that the Seller will not be able to provide the Account management service.
  4. The Buyer's data will be processed until:
    1. The Account is deleted by the Buyer or the Seller at the Buyer's request
    2. The possibility of pursuing claims by the Buyer or the Seller related to the Account ceases;
    3. The Buyer's objection to the processing of their personal data is accepted – in the case when the basis for data processing was the legitimate interest of the Seller
    – depending on what is applicable in a given case and which occurs last.
  5. The Buyer has the right to request:
    1. access to their personal data,
    2. rectification,
    3. deletion,
    4. restriction of processing,
    5. transfer of data to another administrator
      and also the right:
    6. to object at any time to the processing of data due to reasons related to the Buyer's particular situation – against the processing of personal data concerning them, based on Article 6(1)(f) of the GDPR (i.e., on the legally justified interests pursued by the administrator).
  6. To exercise their rights, the Buyer should contact the Seller.
  7. If the Buyer believes that their data is being processed unlawfully, they may file a complaint with the President of the Office for Personal Data Protection.

§ 7 RESERVATIONS

  1. It is forbidden for the Buyer to provide content of an unlawful nature.
  2. The agreement for the management of the Account is concluded in Polish.
  3. In the event of important reasons referred to in paragraph 4, the Seller has the right to change the Regulations.
  4. Important reasons referred to in paragraph 3 are:
    1. the necessity to adapt the Store to legal provisions applicable to the Store's operations,
    2. improvement of the security of the service provided,
    3. change in the functionality of the Account requiring modification of the Regulations.
  5. The Buyer will be informed about the planned change to the Regulations at least 7 days before the change takes effect via an email message sent to the email address assigned to the Account.
  6. If the Buyer does not express acceptance of the planned change, they should inform the Seller by sending an appropriate message to the Seller's email address kontakt@aw-anotherway.pl, which will result in the termination of the agreement for the management of the Account at the time the planned change takes effect or earlier if the Buyer makes such a request.
  7. If the Buyer does not express opposition to the planned change by the time it takes effect, it is assumed that they accept it, which does not constitute any obstacle to terminating the agreement in the future.
  8. In the event of a dispute with a Buyer who is not a Privileged Buyer, the court of jurisdiction will be the court competent for the Seller's seat.