Terms and Conditions of Theía de la Tierra Online Store

This document primarily sets out the rules under which agreements are concluded in the Store, including important information about the Seller, the Store and the rights available to Consumers.

Document dated: 17.04.2026

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Purchases in the Store
§ 5 Payments
§ 6 Order fulfilment
§ 7 Right of withdrawal from the agreement
§ 8 Exceptions to the right of withdrawal from the agreement
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – the Polish Act of 23 April 1964, the Civil Code.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without a direct connection with their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, regulated by separate terms and conditions, which allows the Buyer to use additional features in the Store free of charge.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, concluding or intending to conclude an agreement with the Seller under these Terms and Conditions directly related to their business activity, but not having a professional character for that person.
Terms and Conditions – these terms and conditions.
Store – the Theía de la Tierra online store operated by the Seller at https://theiadelatierra.com.
Seller – AGATA AGNIESZKA BODUCH-MARONA, an entrepreneur conducting business activity under the business name La Tierra Verde Agata Boduch-Marona, entered in the Central Register and Information on Business kept by the minister competent for economy and for maintaining the Central Register and Information on Business, Tax Identification Number NIP 6831937882, REGON No. 542372450, Łęki Górne 333a, 39-221 Łęki Górne, Poland.
Digital Content – data produced and supplied in digital form.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

The provisions of these Terms and Conditions concerning products apply both to movable items, i.e. goods, and to Digital Content.

§ 2 CONTACT WITH THE SELLER

1. Postal address: Łęki Górne 333a, 39-221 Łęki Górne, Poland
2. Email address: hello@theiadelatierra.com
3. Telephone: 502844371
4. The cost of a telephone call or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider whose services the Buyer uses. The Seller points out that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission, depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

1. For the Store to function properly, the following are required:
   • a device with internet access
   • a web browser supporting JavaScript and cookies.
2. In order to place an order in the Store, in addition to the requirements specified in section 1, an active email account is required.

§ 4 PURCHASES IN THE STORE

1. The product prices displayed in the Store are total prices for the product.
2. The Seller points out that the total price of the order consists of the following amounts indicated in the Store: the price of the product and, where applicable in a given case, the cost of delivery of the goods.
3. The product selected for purchase should be added to the shopping cart in the Store.
4. The Buyer then selects the method of delivery of the goods and the payment method for the order from among the options available in the Store, and provides the data necessary to fulfil the order placed.
5. The order is placed when the Buyer confirms its content and accepts the Terms and Conditions.
6. Placing an order is equivalent to concluding an agreement between the Buyer and the Seller.
7. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their data with each potential order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. standard bank transfer to the Seller’s bank account;
   2. payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via a payment platform:
      • Autopay
      • Stripe
      • PayPal
2. If payment via the Autopay payment platform is selected, the entity providing online payment services is Autopay S.A.
3. If the Buyer chooses advance payment, the order must be paid for within 5 Business Days from placing the order.
4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILMENT

1. The order fulfilment time is indicated in the Store.
2. If the Buyer has chosen advance payment for the order, the Seller will begin fulfilling the order after it has been paid for.
3. If, within one order, the Buyer has purchased products with different fulfilment times, the order will be fulfilled within the time applicable to the product with the longest fulfilment time.
4. Countries and territories to which delivery is available:
   • Poland
   • Worldwide
5. The following delivery methods are available in the Store:
   1. via a courier company;
   2. to InPost parcel lockers;
   3. electronically, to the email address provided by the Buyer when placing the order – in the case of Digital Content.

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The Privileged Buyer has the right to withdraw from an agreement concluded with the Seller via the Store, subject to § 8 of the Terms and Conditions, within 14 days without giving any reason.
2. The withdrawal period expires after 14 days from the day:
   1. on which the Privileged Buyer came into possession of the goods or on which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the goods;
   2. on which the Privileged Buyer came into possession of the last item, batch or part, or on which a third party other than the carrier and indicated by the Privileged Buyer came into possession of the last item, batch or part, in the case of an agreement obliging the transfer of ownership of multiple goods delivered separately, in batches or in parts;
   3. of conclusion of the agreement – in the case of an agreement for the supply of Digital Content.
3. In order for the Privileged Buyer to exercise the right of withdrawal from the agreement, they must inform the Seller, using the contact details provided in § 2 of the Terms and Conditions, of their decision to withdraw from the agreement by means of an unequivocal statement, for example a letter sent by post or email.
4. The Privileged Buyer may use the model withdrawal form placed at the end of the Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information concerning the exercise of their right of withdrawal before the withdrawal period expires.
   
   EFFECTS OF WITHDRAWAL FROM THE AGREEMENT
6. In the event of withdrawal from the concluded agreement, the Seller will reimburse the Privileged Buyer for all payments received from them, including the costs of delivery of the goods, except for additional costs resulting from the delivery method chosen by the Privileged Buyer other than the least expensive standard delivery method offered by the Seller, without undue delay and in any event 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 payment methods as those used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to another solution; in any event, the Privileged Buyer will not incur any fees in connection with such reimbursement.
8. If the Seller has not offered to collect the goods from the Privileged Buyer, the Seller may withhold reimbursement until receiving the goods or until receiving proof that they have been sent back, whichever occurs first.
9. The Seller asks that the goods be returned to the following address: Łęki Górne 333a, 39-221 Łęki Górne, Poland, without undue delay and in any event no later than 14 days from the day on which the Privileged Buyer informed the Seller of their withdrawal from the sales agreement. The deadline is met if the Privileged Buyer sends back the goods before the 14-day period expires.
10. The Privileged Buyer bears the direct cost of returning the goods.
11. The Privileged Buyer is liable only for any diminished value of the goods resulting from using them in a manner other than was necessary to establish the nature, characteristics and functioning of the goods.
12. If, due to their nature, the goods cannot be returned by regular post, the Privileged Buyer will also have to bear the direct costs of returning the goods. The Privileged Buyer will be informed by the Seller of the estimated amount of such costs in the description of the goods in the Store or when placing the order.
13. If it becomes necessary to refund funds for a transaction made by the Privileged Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The right of withdrawal from a distance agreement referred to in § 7 of the Terms and Conditions does not apply to an agreement:
   1. where the subject of the performance is a non-prefabricated item produced according to the specifications of the Privileged Buyer or intended to satisfy their individualised needs;
   2. where the subject of the performance is an item that is liable to deteriorate rapidly or has a short shelf life;
   3. where the subject of the performance is an item delivered in sealed packaging which, once opened, cannot be returned due to health protection or hygiene reasons, if the packaging was opened after delivery;
   4. where the subject of the performance consists of goods which, after delivery, by their nature, become inseparably combined with other items;
   5. where the subject of the performance consists of sound or visual recordings or computer software delivered in sealed packaging, if the packaging was opened after delivery;
   6. for the supply of newspapers, periodicals or magazines, with the exception of subscription agreements;
   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 withdrawal period expires;
   8. for the supply of Digital Content for which the Privileged Buyer is obliged to pay a price, if all of the following conditions are met:
      • the Seller began the performance with the express and prior consent of the Privileged Buyer;
      • the Privileged Buyer was informed before the performance began that after the Seller has completed the performance, they will lose the right of withdrawal from the agreement, and acknowledged this;
      • the Seller provided the Privileged Buyer with lawful confirmation of the conclusion of the distance agreement, including information on the above consent, on a durable medium within a reasonable time after the conclusion of the agreement, and at the latest before the performance began.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the conformity of the performance with the agreement, as provided for by generally applicable provisions of law, in particular the provisions of the Consumer Rights Act.
2. The Seller asks that complaints, including those concerning the operation of the Store, be submitted to the postal or email address indicated in § 2 of the Terms and Conditions.
3. If a product is covered by a warranty, information about the warranty and its terms is available in the Store.
4. The Seller will respond to the complaint within 14 days from the day of receiving it.

II PRIVILEGED BUYERS

1. Goods
   1. In the event of non-conformity of the goods with the agreement, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for any non-conformity of the goods with the agreement that existed at the time of delivery and was revealed within two years from that time, unless the shelf life of the goods, as specified by the Seller, its legal predecessors or persons acting on their behalf, is longer.
   3. Under the provisions of the Consumer Rights Act, in the event of non-conformity with the agreement, the Privileged Buyer may request:
      1. replacement of the goods,
      2. repair of the goods.
   4. In addition, the Privileged Buyer may submit a statement on:
      1. price reduction,
      2. withdrawal from the agreement
      where:
      • the Seller has refused to bring the goods into conformity with the agreement pursuant to Article 43d(2) of the Consumer Rights Act;
      • the Seller has not brought the goods into conformity with the agreement pursuant to Article 43d(4)–(6) of the Consumer Rights Act;
      • the non-conformity of the goods with the agreement continues despite the Seller’s attempt to bring the goods into conformity with the agreement;
      • the non-conformity of the goods with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without first using the remedies specified in Article 43d of the Consumer Rights Act;
      • it is clear from the Seller’s statement or the circumstances that the Seller will not bring the goods into conformity with the agreement within a reasonable time or without excessive inconvenience to the Privileged Buyer.
   5. In the case of goods subject to repair or replacement, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at the Seller’s own cost.
   6. The Privileged Buyer may not withdraw from the agreement if the non-conformity of the goods with the agreement is insignificant.
   7. In the event of withdrawal from the agreement referred to in this section concerning goods, the Privileged Buyer promptly returns the goods to the Seller at the Seller’s cost, to the address: Łęki Górne 333a, 39-221 Łęki Górne, Poland. The Seller refunds the price to the Privileged Buyer without undue delay, no later than within 14 days from the day of receiving the goods or proof that they have been sent back.
   8. The Seller refunds to the Privileged Buyer the amounts due as a result of exercising the right to a price reduction without undue delay, no later than within 14 days from the day of receiving the Privileged Buyer’s statement on the price reduction.
2. Digital Content
   1. In the event of improper performance by the Seller of an agreement for the supply of Digital Content, the Privileged Buyer may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
   2. If the Seller has not supplied the Digital Content, the Privileged Buyer may request that the Seller supply it. If, despite this, the Seller does not supply the Digital Content without undue delay or within an additional period expressly agreed by the Privileged Buyer and the Seller, the Privileged Buyer may withdraw from the agreement.
   3. The Privileged Buyer may withdraw from the agreement without requesting the supply of Digital Content if:
      • it is clear from the Seller’s statement or from the circumstances that the Seller will not supply the Digital Content, or
      • the Privileged Buyer and the Seller agreed, or it is clear from the circumstances of concluding the agreement, that a specific deadline for supplying the Digital Content was of essential importance to the Privileged Buyer, and the Seller failed to supply it within that deadline.
   4. The Seller is liable for any non-conformity of the Digital Content with the agreement that existed at the time of its supply and was revealed within two years from that time.
   5. If the Digital Content is not in conformity with the agreement, the Privileged Buyer may request that it be brought into conformity with the agreement.
   6. In the event of non-conformity of the Digital Content with the agreement, the Privileged Buyer is obliged to cooperate with the Seller, to a reasonable extent and using the least burdensome technical means for themselves, in order to determine whether the non-conformity of the Digital Content with the agreement in due time results from the characteristics of the Privileged Buyer’s digital environment.
   7. In addition, if the Digital Content is not in conformity with the agreement, the Privileged Buyer may submit a statement on:
      1. price reduction,
      2. withdrawal from the agreement,
      where:
      • bringing the Digital Content into conformity with the agreement is impossible or would require excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
      • the Seller has not brought the Digital Content into conformity with the agreement within a reasonable time from the moment the Seller was informed by the Privileged Buyer of the non-conformity with the agreement, and without excessive inconvenience to the Privileged Buyer, taking into account its nature and the purpose for which it is used;
      • the non-conformity of the Digital Content with the agreement continues despite the Seller’s attempt to bring the Digital Content into conformity with the agreement;
      • the non-conformity of the Digital Content with the agreement is so significant that it justifies a price reduction or withdrawal from the agreement without first using the remedy specified in Article 43m of the Consumer Rights Act, i.e. requesting that the Digital Content be brought into conformity with the agreement;
      • it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Digital Content into conformity with the agreement within a reasonable time or without excessive inconvenience to the Privileged Buyer.
   8. The Privileged Buyer may not withdraw from the agreement under the preceding provision if the Digital Content is supplied in exchange for payment of a price and the non-conformity of the Digital Content with the agreement is insignificant.
   9. The Seller is obliged to refund to the Privileged Buyer the price due as a result of exercising the right of withdrawal from the agreement referred to in this section concerning Digital Content, or the price reduction, without undue delay and no later than within 14 days from the day of receiving the Privileged Buyer’s statement on withdrawal from the agreement or price reduction.
   10. The Seller makes the refund using the same payment method as that used by the Privileged Buyer, unless the Privileged Buyer has expressly agreed to another refund method that does not involve any costs for them.
3. Out-of-court complaint handling and claim settlement methods
   1. The Seller informs the Consumer of the possibility of using out-of-court complaint handling and claim settlement methods. The rules for access to these procedures are available at the registered offices or on the websites of entities authorised to handle disputes out of court.
      
      The Consumer may use, among other things, the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/
      
      In addition, within the territory of the Republic of Poland, the following forms of support are available:
      • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for the case to be considered by the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
   2. The preceding provision is for information purposes only and does not constitute an obligation of the Seller to use out-of-court dispute resolution methods.
   3. The use of out-of-court complaint handling and claim settlement methods is voluntary for both the Seller and the Consumer.
   4. The Consumer may also use the free assistance of a municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. In the event of a defect in the goods, a Buyer other than a Privileged Buyer may complain about defective goods on the basis of the warranty for defects regulated in the Civil Code.
2. With respect to a Buyer other than a Privileged Buyer, the Seller is liable under the warranty for defects if a physical defect is found before the expiry of two years from the day the goods were released to the Buyer.
3. In accordance with the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses their rights under the warranty for defects if they failed to examine the goods within the time and in the manner customary for goods of this type and failed to notify the Seller of the defect without delay, and if the defect became apparent only later – if they failed to notify the Seller without delay after discovering it. To meet the above deadline, it is sufficient to send the notice of defect before it expires.
4. When using the warranty for defects, a Buyer other than a Privileged Buyer may, on the terms set out in the Civil Code:
   1. submit a statement on price reduction,
   2. in the case of a significant defect – submit a statement on withdrawal from the agreement,
   3. request replacement of the goods with goods free from defects,
   4. request removal of the defect.
5. If it turns out that, in order to consider the complaint, it is necessary to deliver the defective goods to the Seller, the Buyer other than a Privileged Buyer is obliged to deliver the goods to the following address: Łęki Górne 333a, 39-221 Łęki Górne, Poland.

§ 10 PERSONAL DATA

1. The controller of the personal data provided by the Buyer when using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU), the “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 to fulfil orders. The legal basis for processing personal data in this case is:
   • the agreement or actions taken at the Buyer’s request prior to entering into the agreement (Article 6(1)(b) GDPR),
   • the legal obligation imposed on the Seller, in particular related to accounting and product safety (Article 6(1)(c) GDPR), and
   • the Seller’s legitimate interest consisting in processing data in order to establish, pursue or defend potential claims (Article 6(1)(f) GDPR).
3. Providing data by the Buyer is voluntary, but at the same time necessary to conclude the agreement. Failure to provide the data will make it impossible to conclude an agreement in the Store.
4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
   1. the agreement concluded between the Buyer and the Seller ceases to be in force;
   2. the Seller is no longer subject to a legal obligation requiring the Seller to process the Buyer’s data;
   3. the possibility of pursuing claims by the Buyer or the Seller related to the agreement concluded through the Store ceases;
   4. the Buyer’s objection to the processing of their personal data is accepted – where the legal basis for data processing was the Seller’s legitimate interest
   – depending on what applies in a given case.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. rectification of their personal data,
   3. erasure of their personal data,
   4. restriction of processing,
   5. transfer of data to another controller
      and also the right:
   6. to object at any time to the processing of data on grounds relating to the Buyer’s particular situation – to the processing of personal data concerning them based on Article 6(1)(f) GDPR, i.e. the legitimate interests pursued by the Seller.
6. In order to exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms and Conditions.
7. If the Buyer believes that their data are being processed unlawfully, the Buyer may lodge a complaint with the authority competent for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 RESERVATIONS

1. The Buyer is prohibited from providing unlawful content.
2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The agreement is concluded for the time and purpose of fulfilling the order.
3. All agreements concluded under these Terms and Conditions are governed by Polish law, subject to section 4.
4. The choice of Polish law for agreements concluded under the Terms and Conditions with a Consumer does not exclude or limit the rights of that Buyer granted to them under mandatory provisions of law applicable to the Consumer in situations where no choice of law is made. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection applies.
5. Agreements concluded under the Terms and Conditions are concluded in Polish.
6. In the event of a possible dispute with a Buyer who is not a Privileged Buyer, related to an agreement concluded via the Store, the court competent for the Seller’s registered office will have jurisdiction.
7. With regard to the use of the Store’s website and the features available on it, the Website Terms and Conditions available in the Store apply.

Appendix No. 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not obliged to, use:

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the agreement)

La Tierra Verde Agata Boduch-Marona
Łęki Górne 333a, 39-221 Łęki Górne, Poland
email address: hello@theiadelatierra.com

- I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform you of my/our(*) withdrawal from the sales agreement for the following goods(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

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

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- Date of conclusion of the agreement^(*)/receipt^(*)

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

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

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

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

(*) Delete as appropriate.

Website Terms and Conditions of Theía de la Tierra
("Terms and Conditions")

Document dated: 17.04.2026

DEFINITIONS

Website

The Theía de la Tierra online store, available at https://theiadelatierra.com, operated by the Service Provider.

Service Provider

AGATA AGNIESZKA BODUCH-MARONA, an entrepreneur conducting business activity under the business name La Tierra Verde Agata Boduch-Marona, entered in the Central Register and Information on Business kept by the minister competent for economy and for maintaining the Central Register and Information on Business, Tax Identification Number NIP 6831937882, REGON No. 542372450, Łęki Górne 333a, 39-221 Łęki Górne, Poland

Whenever terms such as “we”, “our”, “us” and similar expressions are used in these Terms and Conditions, they should be understood as referring to the Service Provider.

Service Recipient

any entity using the Website, including the services available on it.

Consumer

a Service Recipient who is a natural person using the Website without a direct connection with their business or professional activity.

Privileged Entrepreneur

a Service Recipient who is a natural person concluding an agreement under these Terms and Conditions, or taking steps to conclude such an agreement, directly related to their business activity, but not having a professional character for that person.

Privileged Service Recipient

a Service Recipient who is a Consumer or a Privileged Entrepreneur.

CONTACT POINT

To contact us, you may use the following forms of electronic communication:

• email: hello@theiadelatierra.com
• contact form available at: https://theiadelatierra.com/contact

LANGUAGE OF COMMUNICATION

You may contact us in the following languages:

• Polish,
• English,
• Spanish.

TECHNICAL REQUIREMENTS

For the proper use of the Website, the following technical requirements must be met:

• a device with internet access,
• a web browser supporting JavaScript and cookies,
• an active email account – if you use features that require providing an email address.

SERVICES ON THE WEBSITE

On our Website, we provide digital services listed below in these Terms and Conditions ("Services" or "Service").

Within the Website, we distinguish between the following Services:

a) Basic Services:

• the ability to browse our Website
• the ability to place an order; any conclusion of a sales agreement takes place on the basis of the Online Store Terms and Conditions available within the Website
• a contact form allowing you to send us a message
• the ability to consent to receiving marketing messages from us electronically

and

b) Extended Services:

• a user account; the rules for using this service are set out separately in the Account Terms and Conditions available within the Website
• the ability to subscribe to the newsletter; the rules for using this service are set out separately in the Newsletter Terms and Conditions available within the Website

BASIC SERVICES

The use of Basic Services on the Website is free of charge, entirely voluntary and dependent on your will.

To use a Basic Service, you should use the relevant functions of the Website.

We begin providing a Basic Service when you start using that Service.

You may discontinue the provision of a Basic Service at any time, without incurring any costs, by ceasing to use that Service.

OTHER PROVISIONS CONCERNING SERVICES

Each use by you of a Service regulated in this document constitutes a separate agreement, and its current content, in the form of these Terms and Conditions, is available on the Website.

You are prohibited from providing unlawful content within the Services.

The agreement is concluded in Polish, for the time and purpose of providing the Service.

The agreement is governed by Polish law, subject to the following sentence.

The choice of Polish law for an agreement concluded under these Terms and Conditions with a Consumer does not exclude or limit your consumer rights granted to you under mandatory provisions of law applicable to you in situations where no choice of law is made. This means, in particular, that if the national provisions applicable to you provide for broader consumer protection than that resulting from these Terms and Conditions or Polish law, such broader protection applies.

In the event of a possible dispute related to the agreement, if you are not a Privileged Service Recipient, the court competent for our registered office will have jurisdiction.

COMPLAINT HANDLING

Please submit any complaints concerning the Website and the Services via the Contact Point, the details of which are provided at the beginning of these Terms and Conditions.

We handle complaints within 14 days of receiving them.

Detailed complaint procedures in relation to Extended Services are set out separately, within the rules concerning the relevant Service.

PRIVACY AND PERSONAL DATA

The rules for processing personal data and using cookies are set out in the Privacy Policy available within the Website.

Account Terms and Conditions

in the Theía de la Tierra store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal from the agreement
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or the Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and who has concluded an agreement for maintaining an Account under these Terms and Conditions or is taking steps to conclude such an agreement, without a direct connection with their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge by electronic means by the Service Provider to the Service Recipient, allowing the Service Recipient to use additional features in the Store.
Privileged Entrepreneur – a Service Recipient who is a natural person concluding an agreement for maintaining an Account under these Terms and Conditions, or taking steps to conclude such an agreement, directly related to their business activity, but not having a professional character for that person.
Terms and Conditions – these Account Terms and Conditions.
Store – the Theía de la Tierra online store operated by the Service Provider at https://theiadelatierra.com
Service Recipient – any entity that has concluded an agreement for maintaining an Account or is taking steps to conclude such an agreement.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – AGATA AGNIESZKA BODUCH-MARONA, an entrepreneur conducting business activity under the business name La Tierra Verde Agata Boduch-Marona, entered in the Central Register and Information on Business kept by the minister competent for economy and for maintaining the Central Register and Information on Business, Tax Identification Number NIP 6831937882, REGON No. 542372450, Łęki Górne 333a, 39-221 Łęki Górne, Poland.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Łęki Górne 333a, 39-221 Łęki Górne, Poland
2. Email address: hello@theiadelatierra.com

§ 3 TECHNICAL REQUIREMENTS

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

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the will of the Service Recipient.
2. The Account gives the Service Recipient additional options, such as viewing the history of orders placed by the Service Recipient in the Store, checking the order status or independently editing the Service Recipient’s data.
3. To create an Account, the relevant form in the Store must be completed.
4. Upon creating an Account, an agreement for maintaining the Account is concluded for an indefinite period between the Service Recipient and the Service Provider on the terms set out in these Terms and Conditions.
5. The Service Provider begins providing the Account maintenance service on the terms set out in these Terms and Conditions immediately after the agreement for maintaining the Account is concluded.
6. The Service Recipient may resign from the Account at any time without incurring any costs.
7. Deletion of the Account results in termination of the agreement for maintaining the Account. In order for the Account to be deleted by the Service Provider, the Service Recipient should send their resignation from the Account to the Service Provider’s email address indicated in § 2 of these Terms and Conditions, which will result in the immediate deletion of the Account and termination of the agreement for maintaining the Account.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider asks that complaints concerning the Account be submitted to the postal or email address indicated in § 2 of these Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the conformity of the performance with the agreement, as provided for by generally applicable provisions of law, in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance by the Service Provider of the agreement for maintaining the Account, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has not supplied the digital service, the Privileged Service Recipient may request that the Service Provider supply it. If, despite this, the Service Provider does not supply the digital service without undue delay or within an additional period expressly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the agreement for maintaining the Account.
6. The Privileged Service Recipient may withdraw from the agreement for maintaining the Account without requesting the supply of the digital service if:
   1. it is clear from the Service Provider’s statement or the circumstances that the Service Provider will not supply the digital service, or
   2. the Privileged Service Recipient and the Service Provider agreed, or it is clear from the circumstances of concluding the agreement for maintaining the Account, that a specific deadline for supplying the digital service was of essential importance to the Privileged Service Recipient, and the Service Provider failed to supply it within that deadline.
7. The Service Provider is liable for any non-conformity with the agreement for maintaining the Account of a digital service supplied on a continuous basis, which occurred or became apparent during the period in which, under that agreement, the service was to be supplied.
8. If the digital service is not in conformity with the agreement for maintaining the Account, the Privileged Service Recipient may request that it be brought into conformity with that agreement.
9. In the event of non-conformity of the digital service with the agreement for maintaining the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, in order to determine whether the non-conformity of the digital service with the agreement for maintaining the Account in due time results from the characteristics of the Privileged Service Recipient’s digital environment.
10. In addition, if the digital service is not in conformity with the agreement for maintaining the Account, the Privileged Service Recipient may submit a statement of withdrawal from that agreement where:
    1. bringing the digital service into conformity with the agreement for maintaining the Account is impossible or would require excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into conformity with the agreement for maintaining the Account within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the non-conformity with that agreement, and without excessive inconvenience to the Privileged Service Recipient, taking into account the nature and purpose for which that digital service is used;
    3. the non-conformity of the digital service with the agreement for maintaining the Account continues despite the Service Provider’s attempt to bring the digital service into conformity with that agreement;
    4. the non-conformity of the digital service with the agreement for maintaining the Account is so significant that it justifies withdrawal from the agreement for maintaining the Account without first using the remedy specified in Article 43m of the Consumer Rights Act, i.e. requesting that the digital service be brought into conformity with the agreement;
    5. it is clear from the Service Provider’s statement or the circumstances that the Service Provider will not bring the digital service into conformity with the agreement for maintaining the Account within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND CLAIM SETTLEMENT METHODS

11. The Service Provider informs the Consumer of the possibility of using out-of-court complaint handling and claim settlement methods. The rules for access to these procedures are available at the registered offices or on the websites of entities authorised to handle disputes out of court.
    
    The Consumer may use, among other things, the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/
    
    In addition, within the territory of the Republic of Poland, the following forms of support are available:
    • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for the case to be considered by the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The preceding provision is for information purposes only and does not constitute an obligation of the Service Provider to use out-of-court dispute resolution methods.
13. The use of out-of-court complaint handling and claim settlement methods is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also use the free assistance of a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The Privileged Service Recipient has the right to withdraw from the agreement for maintaining the Account concluded with the Service Provider within 14 days without giving any reason.
2. The withdrawal period for the agreement for maintaining the Account expires after 14 days from the day of concluding that agreement.
3. In order for the Privileged Service Recipient to exercise the right of withdrawal from the agreement, they must inform the Service Provider, using the details provided in § 2 of these Terms and Conditions, of their decision to withdraw from the agreement by means of an unequivocal statement, for example a letter sent by post or email.
4. The Privileged Service Recipient may use the model withdrawal form placed at the end of these Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of their right of withdrawal before the withdrawal period expires.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the Service Recipient in connection with the conclusion of the agreement for maintaining the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU), the “GDPR”.
2. The purpose of processing the Service Recipient’s data is to maintain the Account. The legal basis for processing personal data in this case is the agreement for maintaining the Account or actions taken at the Service Recipient’s request prior to entering into the agreement (Article 6(1)(b) GDPR), as well as the Service Provider’s legitimate interest consisting in processing data in order to establish, pursue or defend potential claims (Article 6(1)(f) GDPR).
3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the agreement for maintaining the Account and to provide the services covered by it. Failure to provide the data means that the agreement for maintaining the Account cannot be concluded and the Service Provider will not be able to provide the services covered by it.
4. The Service Recipient’s data will be processed until:
   1. the agreement for maintaining the Account ceases to be in force;
   2. the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Account ceases;
   3. the Service Recipient’s objection to the processing of their personal data is accepted – where the legal basis for data processing was the Service Provider’s legitimate interest
   – depending on what applies in a given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification of their personal data,
   3. erasure of their personal data,
   4. restriction of processing,
   5. transfer of data to another controller
      and also the right:
   6. to object at any time to the processing of data on grounds relating to the Service Recipient’s particular situation – to the processing of personal data concerning them based on Article 6(1)(f) GDPR, i.e. the legitimate interests pursued by the Service Provider.
6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient believes that their data are being processed unlawfully, the Service Recipient may lodge a complaint with the authority competent for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE ACCOUNT

1. The Service Provider reserves the right to amend these Terms and Conditions only for important reasons. An important reason shall be understood as the need to amend the Terms and Conditions caused by:
   1. a change in the functionality of the Account requiring modification of the Terms and Conditions, or
   2. a change in the law affecting the performance of the agreement for maintaining the Account by the Service Provider, or the need to adapt the services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of competent public authorities, or
   3. a change in the contact or identification details of the Service Provider.
2. Information about the planned amendment to the Terms and Conditions will be sent to the Service Recipient’s email address assigned to the Account at least 7 days before the amendments enter into force.
3. If the Service Recipient does not object to the planned amendments before they enter into force, they shall be deemed to have accepted them, which does not prevent termination of the agreement in the future.
4. If the Service Recipient does not accept the planned amendments, they should send information to that effect to the Service Provider’s email address indicated in § 2 of these Terms and Conditions, which will result in termination of the agreement for maintaining the Account upon the entry into force of the planned amendments.
5. The Service Provider may make a change to the Account that is not necessary to maintain its conformity with the agreement for maintaining the Account, for the reason indicated in section 1(b) or due to a change in the functionality of the Account. The introduction of the change referred to in the preceding sentence will not involve any costs for the Privileged Service Recipient. Sections 2–4 apply accordingly.
6. If the change referred to in section 5 significantly and negatively affects the Privileged Service Recipient’s access to the Account or use of it, the Service Provider will send to the Privileged Service Recipient’s email address, in advance and on a durable medium, information about the nature and timing of that change and the rights available to the Privileged Service Recipient in connection with that change.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing unlawful content.
2. The agreement for maintaining the Account is concluded in Polish.
3. The agreement concluded under these Terms and Conditions is governed by Polish law, subject to section 4.
4. The choice of Polish law for an agreement concluded under these Terms and Conditions with a Consumer does not exclude or limit the Consumer’s rights granted to them under mandatory provisions of law applicable to the Consumer in situations where no choice of law is made. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection applies.
5. In the event of a possible dispute with a Service Recipient who is not a Privileged Service Recipient, related to the agreement for maintaining the Account, the court competent for the Service Provider’s registered office will have jurisdiction.
6. With regard to the use of the Store’s website and the features available on it, the Website Terms and Conditions available in the Store apply.

Account Terms and Conditions

in the Theía de la Tierra store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of withdrawal from the agreement
§ 7 Personal data
§ 8 Changes to the Terms and Conditions or the Account
§ 9 Final provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person and who has concluded an agreement for maintaining an Account under these Terms and Conditions or is taking steps to conclude such an agreement, without a direct connection with their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge by electronic means by the Service Provider to the Service Recipient, allowing the Service Recipient to use additional features in the Store.
Privileged Entrepreneur – a Service Recipient who is a natural person concluding an agreement for maintaining an Account under these Terms and Conditions, or taking steps to conclude such an agreement, directly related to their business activity, but not having a professional character for that person.
Terms and Conditions – these Account Terms and Conditions.
Store – the Theía de la Tierra online store operated by the Service Provider at https://theiadelatierra.com
Service Recipient – any entity that has concluded an agreement for maintaining an Account or is taking steps to conclude such an agreement.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – AGATA AGNIESZKA BODUCH-MARONA, an entrepreneur conducting business activity under the business name La Tierra Verde Agata Boduch-Marona, entered in the Central Register and Information on Business kept by the minister competent for economy and for maintaining the Central Register and Information on Business, Tax Identification Number NIP 6831937882, REGON No. 542372450, Łęki Górne 333a, 39-221 Łęki Górne, Poland.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Postal address: Łęki Górne 333a, 39-221 Łęki Górne, Poland
2. Email address: hello@theiadelatierra.com

§ 3 TECHNICAL REQUIREMENTS

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

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the will of the Service Recipient.
2. The Account gives the Service Recipient additional options, such as viewing the history of orders placed by the Service Recipient in the Store, checking the order status or independently editing the Service Recipient’s data.
3. To create an Account, the relevant form in the Store must be completed.
4. Upon creating an Account, an agreement for maintaining the Account is concluded for an indefinite period between the Service Recipient and the Service Provider on the terms set out in these Terms and Conditions.
5. The Service Provider begins providing the Account maintenance service on the terms set out in these Terms and Conditions immediately after the agreement for maintaining the Account is concluded.
6. The Service Recipient may resign from the Account at any time without incurring any costs.
7. Deletion of the Account results in termination of the agreement for maintaining the Account. In order for the Account to be deleted by the Service Provider, the Service Recipient should send their resignation from the Account to the Service Provider’s email address indicated in § 2 of these Terms and Conditions, which will result in the immediate deletion of the Account and termination of the agreement for maintaining the Account.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider asks that complaints concerning the Account be submitted to the postal or email address indicated in § 2 of these Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the Privileged Service Recipient for the conformity of the performance with the agreement, as provided for by generally applicable provisions of law, in particular the provisions of the Consumer Rights Act.
4. In the event of improper performance by the Service Provider of the agreement for maintaining the Account, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider has not supplied the digital service, the Privileged Service Recipient may request that the Service Provider supply it. If, despite this, the Service Provider does not supply the digital service without undue delay or within an additional period expressly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the agreement for maintaining the Account.
6. The Privileged Service Recipient may withdraw from the agreement for maintaining the Account without requesting the supply of the digital service if:
   1. it is clear from the Service Provider’s statement or the circumstances that the Service Provider will not supply the digital service, or
   2. the Privileged Service Recipient and the Service Provider agreed, or it is clear from the circumstances of concluding the agreement for maintaining the Account, that a specific deadline for supplying the digital service was of essential importance to the Privileged Service Recipient, and the Service Provider failed to supply it within that deadline.
7. The Service Provider is liable for any non-conformity with the agreement for maintaining the Account of a digital service supplied on a continuous basis, which occurred or became apparent during the period in which, under that agreement, the service was to be supplied.
8. If the digital service is not in conformity with the agreement for maintaining the Account, the Privileged Service Recipient may request that it be brought into conformity with that agreement.
9. In the event of non-conformity of the digital service with the agreement for maintaining the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for themselves, in order to determine whether the non-conformity of the digital service with the agreement for maintaining the Account in due time results from the characteristics of the Privileged Service Recipient’s digital environment.
10. In addition, if the digital service is not in conformity with the agreement for maintaining the Account, the Privileged Service Recipient may submit a statement of withdrawal from that agreement where:
    1. bringing the digital service into conformity with the agreement for maintaining the Account is impossible or would require excessive costs pursuant to Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into conformity with the agreement for maintaining the Account within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient of the non-conformity with that agreement, and without excessive inconvenience to the Privileged Service Recipient, taking into account the nature and purpose for which that digital service is used;
    3. the non-conformity of the digital service with the agreement for maintaining the Account continues despite the Service Provider’s attempt to bring the digital service into conformity with that agreement;
    4. the non-conformity of the digital service with the agreement for maintaining the Account is so significant that it justifies withdrawal from the agreement for maintaining the Account without first using the remedy specified in Article 43m of the Consumer Rights Act, i.e. requesting that the digital service be brought into conformity with the agreement;
    5. it is clear from the Service Provider’s statement or the circumstances that the Service Provider will not bring the digital service into conformity with the agreement for maintaining the Account within a reasonable time or without excessive inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND CLAIM SETTLEMENT METHODS

11. The Service Provider informs the Consumer of the possibility of using out-of-court complaint handling and claim settlement methods. The rules for access to these procedures are available at the registered offices or on the websites of entities authorised to handle disputes out of court.
    
    The Consumer may use, among other things, the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The centres provide information about consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of Consumer Centres competent for a given country is available at: https://konsument.gov.pl/eck-w-europie/
    
    In addition, within the territory of the Republic of Poland, the following forms of support are available:
    • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance of the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for the case to be considered by the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The preceding provision is for information purposes only and does not constitute an obligation of the Service Provider to use out-of-court dispute resolution methods.
13. The use of out-of-court complaint handling and claim settlement methods is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also use the free assistance of a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

1. The Privileged Service Recipient has the right to withdraw from the agreement for maintaining the Account concluded with the Service Provider within 14 days without giving any reason.
2. The withdrawal period for the agreement for maintaining the Account expires after 14 days from the day of concluding that agreement.
3. In order for the Privileged Service Recipient to exercise the right of withdrawal from the agreement, they must inform the Service Provider, using the details provided in § 2 of these Terms and Conditions, of their decision to withdraw from the agreement by means of an unequivocal statement, for example a letter sent by post or email.
4. The Privileged Service Recipient may use the model withdrawal form placed at the end of these Terms and Conditions, but this is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of their right of withdrawal before the withdrawal period expires.

§ 7 PERSONAL DATA

1. The controller of the personal data provided by the Service Recipient in connection with the conclusion of the agreement for maintaining the Account is the Service Provider. Detailed information on the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – can be found in the Privacy Policy available in the Store, in accordance with the principle of transparency set out in the General Data Protection Regulation of the European Parliament and of the Council (EU), the “GDPR”.
2. The purpose of processing the Service Recipient’s data is to maintain the Account. The legal basis for processing personal data in this case is the agreement for maintaining the Account or actions taken at the Service Recipient’s request prior to entering into the agreement (Article 6(1)(b) GDPR), as well as the Service Provider’s legitimate interest consisting in processing data in order to establish, pursue or defend potential claims (Article 6(1)(f) GDPR).
3. Providing data by the Service Recipient is voluntary, but at the same time necessary to conclude the agreement for maintaining the Account and to provide the services covered by it. Failure to provide the data means that the agreement for maintaining the Account cannot be concluded and the Service Provider will not be able to provide the services covered by it.
4. The Service Recipient’s data will be processed until:
   1. the agreement for maintaining the Account ceases to be in force;
   2. the possibility of pursuing claims by the Service Recipient or the Service Provider related to the Account ceases;
   3. the Service Recipient’s objection to the processing of their personal data is accepted – where the legal basis for data processing was the Service Provider’s legitimate interest
   – depending on what applies in a given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification of their personal data,
   3. erasure of their personal data,
   4. restriction of processing,
   5. transfer of data to another controller
      and also the right:
   6. to object at any time to the processing of data on grounds relating to the Service Recipient’s particular situation – to the processing of personal data concerning them based on Article 6(1)(f) GDPR, i.e. the legitimate interests pursued by the Service Provider.
6. In order to exercise their rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient believes that their data are being processed unlawfully, the Service Recipient may lodge a complaint with the authority competent for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR THE ACCOUNT

1. The Service Provider reserves the right to amend these Terms and Conditions only for important reasons. An important reason shall be understood as the need to amend the Terms and Conditions caused by:
   1. a change in the functionality of the Account requiring modification of the Terms and Conditions, or
   2. a change in the law affecting the performance of the agreement for maintaining the Account by the Service Provider, or the need to adapt the services to recommendations, guidelines, orders or prohibitions, judgments, rulings, interpretations or decisions of competent public authorities, or
   3. a change in the contact or identification details of the Service Provider.
2. Information about the planned amendment to the Terms and Conditions will be sent to the Service Recipient’s email address assigned to the Account at least 7 days before the amendments enter into force.
3. If the Service Recipient does not object to the planned amendments before they enter into force, they shall be deemed to have accepted them, which does not prevent termination of the agreement in the future.
4. If the Service Recipient does not accept the planned amendments, they should send information to that effect to the Service Provider’s email address indicated in § 2 of these Terms and Conditions, which will result in termination of the agreement for maintaining the Account upon the entry into force of the planned amendments.
5. The Service Provider may make a change to the Account that is not necessary to maintain its conformity with the agreement for maintaining the Account, for the reason indicated in section 1(b) or due to a change in the functionality of the Account. The introduction of the change referred to in the preceding sentence will not involve any costs for the Privileged Service Recipient. Sections 2–4 apply accordingly.
6. If the change referred to in section 5 significantly and negatively affects the Privileged Service Recipient’s access to the Account or use of it, the Service Provider will send to the Privileged Service Recipient’s email address, in advance and on a durable medium, information about the nature and timing of that change and the rights available to the Privileged Service Recipient in connection with that change.

§ 9 FINAL PROVISIONS

1. The Service Recipient is prohibited from providing unlawful content.
2. The agreement for maintaining the Account is concluded in Polish.
3. The agreement concluded under these Terms and Conditions is governed by Polish law, subject to section 4.
4. The choice of Polish law for an agreement concluded under these Terms and Conditions with a Consumer does not exclude or limit the Consumer’s rights granted to them under mandatory provisions of law applicable to the Consumer in situations where no choice of law is made. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law, such broader protection applies.
5. In the event of a possible dispute with a Service Recipient who is not a Privileged Service Recipient, related to the agreement for maintaining the Account, the court competent for the Service Provider’s registered office will have jurisdiction.
6. With regard to the use of the Store’s website and the features available on it, the Website Terms and Conditions available in the Store apply.