Terms and conditions

The conclusion of the agreement between the Buyer and the Seller may occur in two ways.

The Buyer has the right to negotiate all provisions of the agreement with the Seller before placing the order, including those changing the provisions of the regulations below. These negotiations should be conducted in writing and sent to the Seller's address (DHJ Daria Romankiewicz-Hańska, ul. Andrzeja Struga 14, 65-331 Zielona Góra).

In the event that the Buyer resigns from the possibility of concluding the agreement through individual negotiations, the following regulations and relevant legal provisions shall apply.

REGULATIONS
§1 Definitions
1. Personal Data Administrator:

DHJ Daria Romankiewicz-Hańska

ul. Andrzeja Struga 14

65-331 Zielona Góra

NIP: 929 179 79 81, REGON: 081182587

2. Postal address - first and last name or name of the institution, location in the town (in the case of a town divided into streets: street, building number, apartment or premises number; in the case of a town not divided into streets: name of the town and property number), postal code and town.

3. Complaints address:

DHJ Daria Romankiewicz-Hańska

ul. Andrzeja Struga 14

65-331 Zielona Góra

4. Delivery price list - a list of available delivery types and their costs, located at happymess.co/strona/dostawa-i-platnosci.

5. Contact details:

DHJ Daria Romankiewicz-Hańska

ul. Andrzeja Struga 14

65-331 Zielona Góra

e-mail: sklephm@happymess.co

phone: +48 519 761 114

6. Personal data - any information relating to an identified or identifiable natural person. Information is not considered to enable the identification of a person if it would require excessive costs, time or actions.

7. Sensitive data - personal data containing information on racial or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or union affiliation, as well as data on health, genetic code, addictions, sexual life, convictions, decisions on punishment and fines, as well as other decisions issued in court or administrative proceedings.

8. Delivery - type of transport service. In the case of deliveries outside the territory of the European Union, the cost of delivery does not include any customs duties and import taxes, for which the Buyer is fully responsible.

9. Proof of purchase - invoice, bill or receipt issued in accordance with the Act on Tax on Goods and Services of 11 March 2004, with subsequent amendments and other applicable legal provisions.

10. Product card - a single subpage of the store containing information about a single product.

11. Customer - an adult natural person with full legal capacity, a legal person or an organizational unit without legal personality but with legal capacity, making a purchase from the Seller directly related to its business or professional activity.

12. Civil Code - the Civil Code Act of 23 April 1964, with subsequent amendments.

13. Code of good practices - a set of rules of conduct, and in particular ethical and professional standards referred to in Art. 2, point 5 of the Act on Combating Unfair Market Practices of 23 August 2007, as amended.

14. Consumer – an adult natural person with full legal capacity, making a purchase from the Seller that is not directly related to their business or professional activity.

15. Basket – a list of products prepared from the products offered in the store based on the Buyer's choices.

16. Buyer – both the Consumer and the Customer.

17. Place of issue of the item – the postal address or collection point indicated in the order by the Buyer.

18. Moment of issue of the item – the moment at which the Buyer or a third party indicated by them for collection takes possession of the item.

19. ODR online platform – EU online service operating under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC and available at https://webgate.ec.europa.eu/odr

20. Payment – ​​method of payment for the subject of the contract and delivery listed at happymess.co/strona/dostawa-i-platnosci

21. Authorized entity – entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended.

22. Privacy Policy - the principles of processing the Buyers' personal data by the Personal Data Administrator, the Buyers' rights and the Data Administrator's obligations, which can be found at: happymess.co/strona/polityka-prywatnosci

23. Consumer Law - the Consumer Rights Act of 30 May 2014.
24. Product – the minimum and indivisible quantity of items that may be the subject of an order, and which is given in the Seller's store as a unit of measurement when determining its price (price/unit).

25. Subject of the contract – products and delivery that are the subject of the contract.

26. Subject of the service – the subject of the contract.

27. Collection point – the place of issue of the item that is not a postal address, listed in the list provided by the Seller in the store.

28. UOKiK Register ¬– register of authorized entities maintained by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawnionych.php

29. GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC

30. Item – movable item that may be or is the subject of a contract.

31. Store – online service available at www.happymess.co, through which the Buyer can place an order.

32. Seller:

DHJ Daria-Romankiewicz Hańska

ul. Andrzeja Struga 14

65-331 Zielona Góra

NIP: 929 179 79 81, REGON: 081182587

registered and visible in the CEIDG register at:

https://prod.ceidg.gov.pl/CEIDG/CEIDG.Public.UI/SearchDetails.aspx?Id=8e8aef59-7043-4cc1-9971-f92fd3...

BANK ACCOUNT: 08 2490 0005 0000 4600 1611 2370

33. System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using the appropriate end device for a given type of network, commonly referred to as the Internet.

34. Completion date – the number of hours or business days specified on the product card.

35. Agreement – ​​an agreement concluded outside the entrepreneur's premises or remotely within the meaning of the Consumer Rights Act of 30 May 2014 in the case of Consumers and a sales agreement within the meaning of Article 535 of the Civil Code Act of 23 April 1964 in the case of Buyers.

36. Defect – both a physical defect and a legal defect.

37. Physical defect – non-conformity of the sold item with the agreement, and in particular if the item:

a. does not have the properties that such a thing should have due to the purpose specified in the agreement or resulting from the circumstances or intended use;

b. does not have the properties of which the Seller assured the Consumer,

c. is not suitable for the purpose of which the Consumer informed the Seller when concluding the agreement, and the Seller did not raise any objection to such intended use;

d. was delivered to the Consumer in an incomplete state;

e. in the event of its improper installation and start-up, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;

f. it does not have the properties assured by the manufacturer or their representative or the person who introduces the item into circulation within the scope of their business activity and the person who, by placing their name, trademark or other distinguishing mark on the sold item, presents themselves as the manufacturer, unless the Seller was not aware of these assurances or, judging reasonably, could not have been aware of them or they could not have influenced the Consumer's decision to conclude the contract, or when their content was corrected before the conclusion of the contract.

38. Legal defect - a situation when the sold item is the property of a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or ruling of the competent authority.

39. Order – Buyer's declaration of intent submitted through the store clearly specifying: type and quantity of products; type of delivery; type of payment; place of issue of the item, Buyer's data and aiming directly at concluding an agreement between the Buyer and the Seller.

40. Complaint – a complaint should be submitted by e-mail (hi@happymess.co) where you should provide the date of purchase, amount, order number and name, size of the goods you received and photos and description of the reason for the complaint.

The package with the exchanged goods should be sent to the following address:

Happymess Kids
ul. Struga 14, 65-331 Zielona Góra
tel: +48519761114
e-mail address: sklephm@happymess.co

The package should be sent via any courier directly to the above address. We do not accept packages sent cash on delivery, to a parcel locker or to a collection point.

The cost of shipping the goods is borne by the seller.

In the event of a justified complaint, the damaged product will be repaired or replaced with another, full-value product, and if this is impossible (e.g. due to stock running out), the store will refund all costs incurred by the customer.
Any refunds of transaction costs are made by bank transfer to the account indicated in the return form.

Complaints are considered within 14 days of the date of receipt of the shipment.

Complaints regarding the difference in the appearance of the goods ordered and received, which result from the difference in the settings of the customer's monitor parameters, in particular the difference in colors and shades, do not constitute grounds for complaint.

The store is not responsible for the non-conformity of consumer goods with the contract, when the buyer has been informed of this non-conformity.

Complaints are not subject to:

Natural wear and tear of the product
Mechanical damage
Overt defects visible at the time of receipt of the package, and not reported immediately after their discovery
Discoloration
Soaking
Any decorations, such as sequins, rhinestones, beads, applications on the fabric

§2 General conditions
1. The contract is concluded in Polish, in accordance with Polish law and these regulations.

2. The place of issue of the item must be located in the territory of the European Union.

3. The Seller is obliged and undertakes to provide services and deliver goods free from defects.

4. All prices provided by the Seller are expressed in Polish currency and are gross prices (include VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list. In the case of orders with delivery to countries outside the European Union, the Buyer, as an importer, may be charged additional fees, such as customs duties, import taxes or other fees imposed by the customs authorities of the destination country. All such fees are borne in full by the Buyer. The Seller has no influence on their amount and is not able to estimate them. In order to obtain detailed information, we recommend that the Buyer contacts the local customs office before placing an order. Refusal to pay these fees by the Buyer may result in the return of the shipment to the Seller at the Buyer's expense.

5. All deadlines are calculated in accordance with Art. 111 of the Civil Code, i.e. a period specified in days ends with the expiry of the last day, and if the beginning of the period specified in days is a certain event, the day on which the event occurred is not taken into account when calculating the period.

6. Confirmation, disclosure, consolidation, securing of all important provisions of the agreement in order to obtain access to this information in the future takes the form of:

a. confirmation of the order by sending to the indicated e-mail address: the order, pro forma invoice, information on the right to withdraw from the agreement, these regulations in PDF format, a sample withdrawal form in PDF format, links to download the regulations and the sample withdrawal form;

b. attaching to the completed order, sent to the indicated place of issue of printed items: proof of purchase, information on the right to withdraw from the agreement, these regulations, a sample withdrawal form.

7. The Seller informs about the guarantees known to him provided by third parties for the products in the store.

8. The Seller does not charge any fees for communication with him using means of distance communication, and the Buyer will bear its costs in the amount resulting from the agreement he has concluded with a third party providing a specific service enabling distance communication for him.

9. The Seller guarantees the Buyer using the system that the store will operate correctly in the following browsers: IE version 7 or later, FireFox version 3 or later, Opera version 9 or later, Chrome version 10 or later, Safari with the latest versions of JAVA and FLASH installed, on screens with a horizontal resolution above 1024 px. Using third-party software that affects the operation and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the happymess.co store, all of them should be disabled.

10. The Buyer may use the option of the store remembering his data in order to facilitate the process of placing another order. For this purpose, the Buyer should provide a login and password, necessary to gain access to their account. The login and password are a series of characters set by the Buyer, who is obliged to keep them secret and protect them from unauthorized access by third parties. The Buyer has the possibility to view, correct, update data and delete the account in the store at any time.

11. The Seller complies with the code of good practices.

12. The Buyer is obliged to:

a.a. not to provide and not to transfer content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,

a.b. to use the store in a way that does not disrupt its functioning, in particular through the use of specific software or devices,
a.c. not to take actions such as: sending or placing unsolicited commercial information (spam) within the store,

a.d. using the store in a way that is not burdensome to other Buyers and the Seller,

a.e. using any content posted within the store only for personal use,

a.f. using the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general principles of netiquette.

§3 Conclusion of the agreement and implementation
1. Orders can be placed 24 hours a day.

2. In order to place an order, the Buyer should perform at least the following actions, some of which may be repeated multiple times:

a. adding a product to the basket;

b. selecting the type of delivery;

c. selecting the type of payment;

d. selecting the place of delivery of the item;

e. placing an order in the store by using the "Order and pay" button.

3. The conclusion of the agreement with the Consumer takes place at the time of placing the order.

4. The execution of the Consumer's order paid cash on delivery takes place immediately, and the order paid by bank transfer or via an electronic payment system after the Consumer's payment has been posted to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the service through no fault of their own and informed the Seller about this.

5. The conclusion of the agreement with the Customer takes place at the time of acceptance of the order by the Seller, of which they inform the Customer within 48 hours of placing the order.

6. The execution of the Customer's order paid cash on delivery takes place immediately after the conclusion of the agreement, and the order paid by bank transfer or via an electronic payment system after the conclusion of the agreement and posting of the Customer's payment to the Seller's account.

7. Fulfillment of the Customer's order may be dependent on making a payment in full or in part of the order value or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send the order cash on delivery (payable on delivery).

8. If the customer chooses payment by bank transfer or payment card, the order fulfillment time is counted from the date of crediting the Seller's bank account or settlement account.

9. The subject of the contract is sent within the time specified on the product card, and for orders consisting of multiple products within the longest time specified on the product cards. The time limit begins upon fulfillment of the order.

10. The purchased subject of the contract is sent, together with the sales document selected by the Buyer, by the type of delivery selected by the Buyer to the place of issue of the item indicated by the Buyer in the order, together with the attached attachments referred to in §2 point 6b.

11. Available forms of payment that can be used to make a payment:
Payment cards: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro

§4 Right to withdraw from the contract
1. The consumer, pursuant to art. 27 of the Consumer Law, has the right to withdraw from a contract concluded at a distance, without giving a reason and without incurring costs, except for the costs specified in art. 33, art. 34 of the Consumer Law.

2. The deadline for withdrawal from a contract concluded at a distance is 14 days from the moment of delivery of the item, and to meet the deadline it is sufficient to send a declaration before its expiry.

3. The declaration of withdrawal from the contract may be submitted by the consumer on a form, the template of which is annex no. 2 to the Consumer Law, on the form available at happymess.co/strona/formularz-zwrotu or in another form consistent with the Consumer Law.

4. The Seller will confirm to the Consumer by e-mail (provided when concluding the contract and another if provided in the submitted declaration) receipt of the declaration of withdrawal from the contract.

5. In the event of withdrawal from the contract, the contract is considered not concluded.

6. The Consumer is obliged to return the item to the Seller immediately, but no later than 14 days from the day on which he withdrew from the contract. To meet the deadline, it is sufficient to return the item before its expiry.

7. The Consumer returns the items that are the subject of the contract from which he withdrew at his own expense.

8. The Consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he did not express his consent to the performance before the expiry of the deadline for withdrawal from the contract or was not informed of the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur did not provide confirmation in accordance with art. 15 sec. 1 and art. 21 sec. 1 of the Consumer Law.

9. The consumer is liable for any decrease in the value of the item that is the subject of the contract and resulting from its use in a manner that goes beyond what is necessary to determine the nature, characteristics and functioning of the item.

10. The Seller shall promptly, no later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the goods to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest standard delivery method offered by the Seller, the Seller shall not return to the Consumer any additional costs in accordance with Article 33 of the Consumer Law.

11. The Seller shall return the payment using the same payment method that the Consumer used, unless the Consumer has expressly agreed to another payment method that does not involve any costs for him.

12. The Seller may withhold the return of the payment received from the Consumer until the goods are received back or the Consumer provides proof of sending them back, depending on which event occurs first.

13. The entity providing online payment services in the scope of card payments is Blue Media S.A.

14. In accordance with Article 38 of the Consumer Law, the consumer is not entitled to withdraw from a contract:

a. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the period for withdrawal from the contract;

b. in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or intended to meet their individual needs;

c. in which the subject of the service is an item that spoils quickly or has a short shelf life;

d. in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery;

e. in which the subject of the service are items that, due to their nature, are inseparably connected with other items after delivery;

f. where the subject of the service is audio or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery;

g. o delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the expiry of the deadline for withdrawal from the contract and after the entrepreneur informed him of the loss of the right to withdraw from the contract;

h. o delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.

§5 Warranty
1. The Seller, pursuant to art. 558§1 of the Civil Code, completely excludes liability to Customers for physical and legal defects (warranty).

2. The Seller is liable to the Consumer under the principles specified in art. 556 of the Civil Code and subsequent ones for defects (warranty).

3. In the case of a contract with a Consumer, if a physical defect was found before the expiry of one year from the moment of delivery of the item, it is assumed that it existed at the time of transfer of the risk to the Consumer.

4. If the sold item has a defect, the Consumer may:

a. submit a declaration requesting a price reduction;

b. submit a declaration of withdrawal from the contract;

unless the Seller immediately and without excessive inconvenience to the Consumer replaces the defective item with a defect-free one or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free one or to remove the defect, he is not entitled to replace the item or remove the defect.

5. Instead of the removal of the defect proposed by the Seller, the Consumer may request the exchange of the item for a defect-free one or, instead of the exchange of the item, request the removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller, whereby the assessment of the excessive costs takes into account the value of the item free from defects, the type and significance of the identified defect, and the inconvenience to which the Consumer would be exposed by another method of satisfaction is also taken into account.

6. The Consumer may not withdraw from the contract if the defect is insignificant.

7. If the sold item has a defect, the Consumer may also:

a. request the exchange of the item for a defect-free one;

b. request the removal of the defect.

8. The Seller is obliged to exchange the defective item for a defect-free one or to remove the defect within a reasonable time without excessive inconvenience to the Consumer.

9. The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in the manner chosen by the buyer is impossible or would require excessive costs compared to another possible method of bringing it into conformity with the contract.
10. In the event that the defective item has been installed, the Consumer may request that the Seller dismantle and reinstall it after replacing it with a defect-free item or removing the defect, but is obliged to bear part of the costs associated with this exceeding the price of the item sold or may request that the Seller pay part of the costs of dismantling and reinstalling it, up to the price of the item sold. In the event of failure to perform the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.

11. The Consumer who exercises the rights under the warranty is obliged to deliver the defective item to the complaint address at the Seller's expense, and if due to the type of item or the method of its installation, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where the item is located. In the event of failure to perform the obligation by the Seller, the Consumer is authorized to return the item at the expense and risk of the Seller.

12. The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.

13. The Seller is obliged to accept a defective item from the Consumer in the event of replacing the item with a defect-free one or withdrawing from the contract.

14. The Seller will respond within fourteen days to the following based on art. 5615 of the Civil Code: a statement requesting a price reduction, a request to replace the item with a defect-free one, a request to remove the defect. The Seller will respond within thirty days (art. 7a of the Consumer Law) to any other statement of the Consumer that is not covered by the fourteen-day period specified in the Civil Code.

Otherwise, it is considered that the Seller has recognized the Consumer's statement or request as justified.

15. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the moment of delivery of the item to the Consumer, and if the subject of sale is a used item, before the expiry of one year from the moment of delivery of the item to the Consumer.

16. The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free item expires after one year, counted from the day of finding the defect, but not earlier than before the expiry of two years from the moment of delivery of the item to the Consumer, and if the subject of sale is a used item, before the expiry of one year from the moment of delivery of the item to the Consumer.

17. In the event that the expiry date of the item specified by the Seller or the manufacturer ends after two years from the moment of delivery of the item to the Consumer, the Seller is liable under the warranty for physical defects of this item found before the expiry of this period.

18. Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or a reduction in price due to a physical defect of the sold item, and if the Consumer requested the exchange of the item for a defect-free one or removal of the defect, the time limit for submitting a declaration of withdrawal from the contract or a reduction in price shall begin upon the ineffective expiry of the time limit for the exchange of the item or removal of the defect.

19. In the event of an investigation before a court or arbitration court of one of the rights under the warranty, the time limit for exercising other rights to which the Consumer is entitled under this title shall be suspended until the final conclusion of the proceedings. The same shall apply to mediation proceedings, with the time limit for exercising other rights under the warranty to which the Consumer is entitled beginning on the day of the court's refusal to approve the settlement concluded before the mediator or the ineffective conclusion of the mediation.

20. §5 points 15-16 shall apply to the exercise of rights under the warranty for legal defects of the sold item, provided that the period starts from the day on which the Consumer learned of the existence of the defect, and if the Consumer learned of the existence of the defect only as a result of a third party action - from the day on which the judgment issued in the dispute with the third party became final.

21. If, due to a defect in the item, the Consumer has submitted a declaration of withdrawal from the contract or a reduction in the price, he may demand compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was a result of circumstances for which the Seller is not responsible, and in particular he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the item, reimbursement of expenses made to the extent to which he did not benefit from them and did not receive their reimbursement from a third party, and reimbursement of the costs of the proceedings. This does not prejudice the provisions on the obligation to repair damage on general principles.

22. The expiry of any period for determining the defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
23. The Seller, if obliged to provide financial services or financial benefits to the Consumer, shall perform them without undue delay, no later than the time specified by law.

§6 Privacy policy and security of personal data
1. The Personal Data Administrator is responsible for the lawful processing of personal data, and the principles of collecting, processing and storing personal data, as well as the Buyer's rights related to their personal data.

2. The Personal Data Administrator processes the Buyers' personal data based on consent and in connection with the Seller's legally justified interests.

3. The Personal Data Administrator collects and processes personal data only to the extent justified by a contractual or legal obligation.

4. The Buyer's consent to the processing of personal data is voluntary, and the consent to the processing of data for a specific purpose may be withdrawn at any time.

5. The following personal data are collected for the purposes of fulfilling the Buyer's order:

a. postal address - necessary to issue a proof of purchase;

b. place of delivery of the item - necessary to address the shipment;

c. e-mail – necessary for communication related to the execution of the order;

d. telephone number – necessary in the case of choosing certain types of delivery

6. Detailed solutions regarding the protection of personal data related to placing an order, but also using the store before and after placing an order are included in the privacy policy.

§7 Final provisions

1. None of the provisions of these regulations are intended to violate the Buyer's rights. They cannot be interpreted in this way either, because in the event of any inconsistency of any part of the regulations with applicable law, the Seller declares unconditional submission to and application of this law in place of the disputed provision of the regulations.

2. Registered Buyers will be notified of changes to the regulations and their scope by electronic means (to the e-mail address provided during registration or order). The notification will be sent at least 30 days before the new regulations come into force. The changes will be introduced in order to adapt the regulations to the applicable legal status.

3. The current version of the regulations is always available to the Buyer in the regulations tab happymess.co/strona/regulamin. During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except for the situation when the Consumer considers them less favorable than the current ones and informs the Seller of the selection of the current ones as applicable.

4. In matters not regulated by these regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer expresses such a wish, shall be resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before an arbitration court at the Provincial Inspectorate of the Trade Inspection. The Consumer may also use equivalent and lawful methods of pre-trial or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from those in the UOKiK register. The seller declares its intention and consents to an out-of-court settlement of the consumer dispute.

Ultimately, the case is decided by a court with local and subject-matter jurisdiction.