Terms and Conditions of the Online Store poppersfun.pl

This document primarily defines the rules under which agreements are concluded in the Store, including important information about the Seller, the Store, and the rights of Consumers.

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

§ 1 DEFINITIONS

Business Days – days from Monday to Friday excluding public holidays in Poland.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking actions to make a purchase, not directly related to their business or professional activity.
Account – a digital service regulated by a separate agreement as defined by the Consumer Rights Act, which allows the Buyer to access additional functions in the Store free of charge.
Buyer – any entity purchasing in the Store or taking actions 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 them.
Pick-up Point – the point located at Kraków, Czerwone Maki 33, next to Jysk.
Terms and Conditions – this document.
Store – the online store poppersfun.pl operated by the Seller at https://poppersfun.pl.
Seller – ROMUALD MATUSZEWSKI, a business owner operating under the company name Firma Handlowa ROMI Romuald Matuszewski, registered in the Central Registration and Information on Business conducted by the minister competent for economy, NIP 6991830319, REGON 301311218, ul. Nowa 7, 63-910 Dąbrowa.
Consumer Rights Act – Polish law of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul. Nowa 7, 63-910 Dąbrowa
2. Email address: sklep@poppersfun.pl
3. Phone: +48530396888
4. Return address (in case of withdrawal): InPost Parcel Locker KRA54M (ul. Czerwone Maki 33, next to Jysk)
5. Complaint return address: InPost Parcel Locker KRA54M (ul. Czerwone Maki 33, next to Jysk)
6. The cost of a phone call or data transmission made by the Buyer is based on the standard tariff of the telecommunications or internet service provider used by the Buyer. The Seller notes that international calls or transmissions may incur higher charges than domestic ones depending on the tariff applied by the provider.

§ 3 TECHNICAL REQUIREMENTS

1. To use the Store correctly, the following is required:
   • a device with Internet access
   • a web browser supporting JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements in item 1, an active email account is required.

§ 4 SHOPPING IN THE STORE

1. The product prices shown in the Store are total prices for the product.
2. The Seller notes that the total order price consists of the product price and, if applicable, the shipping costs as indicated in the Store.
3. The product selected for purchase must be added to the shopping cart in the Store.
4. The Buyer then selects the delivery method and payment option available in the Store, and provides the necessary data to fulfill the order.
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 a contract between the Buyer and the Seller.
7. The Buyer may register in the Store (create an Account) or purchase without registration by providing their data for each order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. regular bank transfer to the Seller's account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. via payment platforms:
      • PayU
      • Przelewy24
      • PayPo
      • Twisto
      • PayTel
      • Blik
   4. cash on delivery, i.e., by card or cash upon delivery to the Buyer;
   5. by card or cash upon personal collection.
2. If the Buyer chooses prepayment, the order must be paid within 1 Business Day of placing the order.
3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer may withdraw this consent at any time.

• If the Buyer chooses prepayment, the order must be paid for within 1 Business Day from the moment of placing the order.
• 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 consent.

§ 6 ORDER FULFILLMENT

1. The order fulfillment time is indicated in the Store.
2. If the Buyer has chosen prepayment, the Seller will begin order fulfillment after receiving the payment.
3. If the Buyer has ordered products with different fulfillment times, the order will be fulfilled according to the product with the longest fulfillment time.
4. Countries to which delivery is available:
   • Poland
   • EU countries
5. The following delivery methods are available in the Store:
   1. via courier company;
   2. via Poczta Polska (Polish Post);
   3. via ORLEN Paczka;
   4. to InPost parcel lockers.
6. The Buyer may collect the goods in person at the Pick-up Point during its opening hours.
7. If personal collection is chosen by the Buyer, the goods will be ready for pickup on the indicated order fulfillment date.

§ 7 RIGHT OF WITHDRAWAL

1. The Privileged Buyer has the right to withdraw from a contract 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 14 days after the day:
   1. on which the Privileged Buyer or a third party other than the carrier and indicated by the Privileged Buyer acquired possession of the goods;
   2. on which the Privileged Buyer or a third party, other than the carrier and indicated by the Privileged Buyer, acquired possession of the last good, batch, or part in the case of a contract for multiple goods delivered separately, in batches, or in parts.
3. To exercise the right of withdrawal, the Privileged Buyer must inform the Seller—using the contact details provided in § 2—of their decision by means of an unequivocal statement (e.g., a letter sent by post or email).
4. The Privileged Buyer may use the withdrawal form template provided at the end of the Terms and Conditions, but it is not obligatory.
5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information regarding the exercise of their right of withdrawal before the withdrawal period has expired.
   
   CONSEQUENCES OF WITHDRAWAL
6. In the event of withdrawal, the Seller shall refund all payments received from the Privileged Buyer, including the cost of delivery of the goods (except for additional costs resulting from the Privileged Buyer’s choice of a delivery method other than the least expensive standard delivery offered by the Seller), without delay and in any event no later than 14 days from the day the Seller was informed of the decision to withdraw.
7. The Seller shall make the refund using the same means of payment as used by the Privileged Buyer in the original transaction, unless the Privileged Buyer has expressly agreed otherwise; in any case, the Privileged Buyer shall not incur any fees as a result of such refund.
8. If the Seller has not offered to collect the goods from the Privileged Buyer, they may withhold the refund until they have received the goods or proof of their return, whichever occurs first.
9. The Seller asks that the goods be returned to: InPost Parcel Locker KRA54M (ul. Czerwone Maki 33, next to Jysk) promptly, and in any event no later than 14 days from the day the Privileged Buyer informed the Seller of the withdrawal. The deadline is met if the Privileged Buyer sends back the goods before the 14-day period has expired.
10. The Privileged Buyer bears the direct cost of returning the goods.
11. The Privileged Buyer is only liable for any diminished value of the goods resulting from handling them in a way other than what is necessary to establish their nature, characteristics, and functioning.
12. If the goods, by their nature, cannot be returned by post in the usual way, the Privileged Buyer will also have to bear the direct cost of returning such goods. The estimated cost will be indicated by the Seller in the product description or during the ordering process.
13. If a refund is necessary for a transaction made by the Privileged Buyer using a payment card, the Seller will refund the amount to the bank account associated with that card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

1. The right of withdrawal from a distance contract referred to in § 7 does not apply to contracts:
   1. in which the subject of performance is a non-prefabricated product made to the Privileged Buyer’s specifications or to meet their individual needs;
   2. in which the subject of performance is a product that is perishable or has a short shelf life;
   3. in which the subject of performance is a sealed product that cannot be returned after opening due to health or hygiene reasons, if the seal was broken after delivery;
   4. in which the subject of performance is goods that, after delivery, are inseparably mixed with other items due to their nature;
   5. in which the subject of performance is audio or visual recordings or computer software delivered in sealed packaging, if the seal was broken after delivery;
   6. for the supply of newspapers, periodicals, or magazines, except for subscription contracts;
   7. in which the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal deadline.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for the conformity of the performance with the contract, as provided by generally applicable law, in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those related to 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 it and its terms is available in the Store.
4. The Seller shall respond to the complaint within 14 days of receiving it.

II PRIVILEGED BUYERS

1. Goods
   1. In the event of non-conformity of the goods with the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for the lack of conformity of the goods with the contract that existed at the time of delivery and was revealed within two years from that moment, unless the product’s shelf life determined by the Seller, their legal predecessors, or persons acting on their behalf is longer.
   3. Under the Consumer Rights Act, in the event of non-conformity with the contract, the Privileged Buyer may request:
      1. replacement of the goods,
      2. repair of the goods.
   4. Additionally, the Privileged Buyer may submit a statement requesting:
      1. a price reduction,
      2. withdrawal from the contract
      in situations where:
      • The Seller refused to bring the goods into conformity with the contract as per Article 43d(2) of the Consumer Rights Act;
      • The Seller failed to bring the goods into conformity with the contract as per Article 43d(4–6) of the Consumer Rights Act;
      • The lack of conformity persists despite attempts by the Seller to bring the goods into conformity with the contract;
      • The lack of conformity is significant enough to justify a price reduction or withdrawal from the contract without prior use of remedies specified in Article 43d of the Consumer Rights Act;
      • The Seller's statement or the circumstances clearly indicate that they will not bring the goods into conformity with the contract within a reasonable time or without excessive inconvenience for the Privileged Buyer.
   5. For goods subject to repair or replacement, the Privileged Buyer should make the product available to the Seller. The Seller will collect the item at their own expense.
   6. The Privileged Buyer cannot withdraw from the contract if the non-conformity of the goods with the contract is insignificant.
   7. In case of withdrawal from the contract (regarding goods), the Privileged Buyer shall promptly return the goods to the Seller at the Seller’s expense to the address: InPost Parcel Locker KRA54M (ul. Czerwone Maki 33, next to Jysk). The Seller shall promptly refund the price to the Privileged Buyer, no later than within 14 days from receiving the goods or proof of their return.
   8. The Seller shall refund any amounts due as a result of a price reduction promptly, no later than within 14 days from receiving the Privileged Buyer’s statement on price reduction.
2. Out-of-Court Complaint and Redress Mechanisms
   1. The Seller informs the Consumer about the possibility of using out-of-court complaint and redress mechanisms. The rules for accessing such procedures are available at the premises or on the websites of entities authorized to handle consumer disputes. The Consumer may use, among others:
      • the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. These centers provide information on consumer rights and help resolve cross-border disputes. The help of the European Consumer Centres is generally free of charge. A list of the relevant centers by country is available at: https://konsument.gov.pl/eck-w-europie/
      • the ODR (Online Dispute Resolution) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
        - please note that the ability to submit complaints via the ODR platform expires on March 20, 2025.
      Additionally, in the Republic of Poland, the following forms of support are available:
      • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which a mediation request should be submitted. This procedure is generally free of charge. The list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • assistance from the competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which a request for case resolution should be submitted. This procedure is generally free of charge. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
   2. The above clause is for informational purposes only and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods.
   3. The use of out-of-court complaint and redress mechanisms is voluntary for both the Seller and the Consumer.
   4. The Consumer may also use free assistance from the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. To avoid doubt, the Seller notes that liability towards Buyers who are not Privileged Buyers in connection with complaints is governed by § 11 section 7.

§ 10 PERSONAL DATA

1. The controller of the personal data provided by the Buyer while using the Store is the Seller. Detailed information on the processing of personal data by the Seller – including other purposes and legal bases of processing, as well as data recipients – can be found in the privacy policy available in the Store, in accordance with the transparency principle set out in the General Data Protection Regulation of the European Parliament and Council (EU) – “GDPR”.
2. The purpose of processing the Buyer’s data provided in connection with purchases in the Store is order fulfillment. The legal basis for data processing in this case is:
   • a contract or actions taken at the Buyer’s request to conclude it (Art. 6(1)(b) GDPR),
   • the legal obligation imposed on the Seller, in particular related to accounting and product safety (Art. 6(1)(c) GDPR), and
   • the legitimate interest of the Seller in processing the data to establish, assert, or defend potential claims (Art. 6(1)(f) GDPR).
3. Providing data by the Buyer is voluntary, but necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
4. The Buyer’s data provided in connection with purchases will be processed until:
   1. the contract between the Buyer and the Seller ceases to be in effect;
   2. the Seller is no longer legally obliged to process the Buyer’s data;
   3. the possibility of asserting claims by either the Buyer or the Seller related to the Store contract ends;
   4. the Buyer’s objection to the processing of their personal data is accepted – if the data was processed on the basis of the Seller's legitimate interest
   – depending on what applies in the given case.
5. The Buyer has the right to request:
   1. access to their personal data,
   2. rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller,
      as well as the right to:
   6. object at any time to the processing of their personal data on grounds relating to their particular situation – where the processing is based on Art. 6(1)(f) GDPR (i.e. the legitimate interests pursued by the Seller).
6. To exercise these rights, the Buyer should contact the Seller using the contact details from § 2 of the Terms and Conditions.
7. If the Buyer believes that their data is processed unlawfully, they may lodge a complaint with the data protection authority. 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 purpose and duration of fulfilling the order.
3. All agreements concluded under these Terms and Conditions are subject to Polish law, subject to section 4.
4. The choice of Polish law for agreements concluded with Consumers under these Terms and Conditions does not waive or limit the rights of such Buyers under mandatory legal provisions applicable to them in the absence of a choice of law. This means in particular that if the Consumer’s national regulations offer greater protection than this document or Polish law, the greater protection applies.
5. Contracts concluded under these Terms and Conditions are concluded in the Polish language.
6. In the event of a dispute with a Buyer who is not a Privileged Buyer regarding a contract concluded via the Store, the competent court shall be the court with jurisdiction over the Seller's registered office.
7. Any liability of the Seller to a Buyer who is not a Privileged Buyer under a contract concluded via the Store – to the extent permitted by law – is excluded.

Annex No. 1 to the Terms and Conditions

Below is a sample withdrawal form that a Consumer or Privileged Entrepreneur may, but is not required to, use:

WITHDRAWAL FORM TEMPLATE
(this form should be completed and sent only if you wish to withdraw from the contract)

Firma Handlowa ROMI Romuald Matuszewski
ul. Nowa 7, 63-910 Dąbrowa
email address: sklep@poppersfun.pl

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

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

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

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

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

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

- Name of Consumer(s) / Privileged Entrepreneur(s):

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

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

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

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

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

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

(*) Delete as appropriate.

Terms of Use of the Online Store
poppersfun.pl

related to user-generated content (DSA)

Contact Point

You can contact us using the following electronic means:

email: sklep@poppersfun.pl

contact form available at: https://poppersfun.pl/pl/contact

In addition to electronic communication, phone contact is also available at: +48530396888

Communication Language

You may contact us in the following languages:

• Polish,
• English.

User-generated Content

The online store allows you to submit content that is stored on our website.

This content includes:

• product reviews (including services),
• comments.

We ensure that reviews come from individuals who have used or purchased the product. To this end, review requests are sent only to those who have made a purchase from us.

Restrictions on User-Generated Content

Please remember that while using our website, you may not upload illegal content (particularly content that incites hatred, terrorist content, or unlawful discriminatory content), or content that becomes illegal under applicable laws due to its relation to unlawful activities. For example, the following are considered illegal actions:

• sharing images depicting the sexual abuse of children,
• unlawfully sharing private images without consent,
• cyberstalking,
• unauthorized use of copyrighted material,
• illegal offering of accommodation services,
• illegal sale of live animals.

You should also refrain from uploading content that violates social norms or the terms of use of our services, including rules, policies, conditions, and regulations related to our website – especially in the context of content you provide through the site.

In particular, it is prohibited to upload content that may constitute:

• Humiliating, offensive, or degrading materials: any content that could be considered offensive or degrading, or could violate someone’s good name.
• Erotic content: pornographic material or any other content of an explicit sexual nature.
• False information and disinformation: spreading false or misleading content, particularly regarding medical or scientific knowledge.
• Propaganda and totalitarian ideologies: content promoting ideologies or actions that are considered illegal in Poland or that violate democratic values.
• Spam and unsolicited advertising: sending or publishing unsolicited advertising or marketing content.
• Infringement of intellectual property rights: publishing content without proper rights or licenses, infringing copyrights or industrial property rights.
• Impersonation: pretending to be someone else or posting content on behalf of someone else without their consent.
• Irrelevant content: posting material unrelated to the theme or purpose of the website.
• Content commonly deemed indecent: including vulgar language.

Reporting Illegal Content

If you wish to report illegal content, please contact us through the Contact Point, whose details can be found at the beginning of these terms.

Please include the following in your report:

• A sufficiently substantiated explanation of the reasons why you allege that the content is illegal.
• Clear indication of the exact electronic location of the content, such as a precise URL or URLs, and, where applicable, additional information that helps identify the content, depending on the type of content and hosting service.
• Your name or organization name and email address – except for reports related to offenses mentioned in Articles 3–7 of Directive 2011/93/EU (i.e., child sexual abuse and child pornography).
• A statement made in good faith that the information and allegations in the report are accurate and complete.

You may include these details directly in your message. You may also use the report template provided at the end of this document.

We collect this information in accordance with Article 16(2) of Regulation (EU) 2022/2065 of the European Parliament and Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (the Digital Services Act – DSA).

If you send your report by email or provide your electronic contact details – we will confirm receipt of your report.

We will also inform you about any actions we take regarding the reported illegal content and about your options to appeal our decision.

Content Moderation

Content submitted by users on our Online Store is moderated in response to user reports. We may also take action on our own initiative.

We respond to all reports concerning potential violations of the law, social norms, or the terms and policies of our website. We promptly take appropriate actions to remove or disable access to illegal content as soon as we become aware of it.

Keep in mind that we are not required to actively seek out illegal content.

However, on our own initiative, in good faith and with due diligence, we apply automatic mechanisms to detect potentially illegal content.
Content may also be reviewed manually without the use of automated tools.

Content moderation is carried out in accordance with legal provisions, especially the Digital Services Act (DSA).

Justification of Actions Taken Regarding User Content

If we take action regarding illegal content or content that violates the rules described in this document, we will inform all relevant recipients – if we have their electronic contact details – about the restrictions imposed on the content or the responsible user, if applicable under the nature of the service or binding contract terms, in the form of:

• Restricting the visibility of specific information we provide, including removing, blocking access to, or downranking content.
• Suspending, terminating, or otherwise restricting financial transactions.
• Suspending or terminating service provision in whole or in part.
• Suspending or closing the recipient's account.

All actions taken by us will be justified.

We may refrain from such notification if the content constitutes misleading commercial content of significant volume.

ILLEGAL CONTENT REPORT TEMPLATE

To streamline the process of reporting illegal content, we encourage you to follow the template below. Using the template is NOT mandatory.

Reporter’s full name: ……………………….

Reporter’s email address: ………………………

(The fields for the reporter's personal data do not apply to reports related to offenses listed in Articles 3–7 of Directive 2011/93/EU, i.e., child sexual abuse and child pornography)

URL(s) of the reported content: ……………………………………………………………………………………………………………

Any additional information to help identify the reported content: ……………………………………………………………

Reasoned explanation of why you claim the reported content is illegal:

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

I declare in good faith that the information and allegations in my report are accurate and complete.

Account Terms and Conditions

in the poppersfun.pl store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms or Account
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – a User who is a natural person and who, under these Terms, has entered into an Account agreement or takes actions to enter into such an agreement, not directly related to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge by the Service Provider to the User electronically, enabling the User to access additional features of the Store.
Loyalty Program – a program operated by the Service Provider in the Store, under which Users with an Account can earn and use Points under the terms specified in these Terms.
Points – points awarded to the User under the Loyalty Program, which may be used to purchase selected products in the Store at a discount.
Privileged Entrepreneur – a User who is a natural person entering into an Account agreement under these Terms (or taking steps to enter into such an agreement), directly related to their business activity, but not of a professional nature.
Terms – these Account Terms and Conditions.
Store – the online store poppersfun.pl operated by the Service Provider at https://poppersfun.pl
User – any entity that has entered into an Account agreement or is taking steps to do so.
Privileged User – a User who is a Consumer or a Privileged Entrepreneur.
Service Provider – ROMUALD MATUSZEWSKI, an entrepreneur conducting business under the name Firma Handlowa ROMI Romuald Matuszewski, registered in the Central Registration and Information on Business Activity (CEIDG) maintained by the minister competent for economy, NIP 6991830319, REGON 301311218, ul. Nowa 7, 63-910 Dąbrowa.
Consumer Rights Act – the Polish Act of 30 May 2014 on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

1. Mailing address: ul. Nowa 7, 63-910 Dąbrowa
2. Email address: sklep@poppersfun.pl
3. Phone: +48530396888
4. The cost of a phone call or data transmission made by the Service Recipient depends on the basic rate of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or data transmission may be higher than the cost of domestic communication – depending on the rate applied by the operator or internet provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

1. To properly operate and create 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. An Account provides the Service Recipient with additional features, such as viewing the order history, checking the status of an order, editing personal data, and participating in the Loyalty Program.
3. To create an Account, a relevant form in the Store must be completed.
4. When the Account is created, an indefinite agreement for Account management is concluded between the Service Recipient and the Service Provider, under the terms specified in the Terms and Conditions.
5. The Service Provider starts providing the Account management service under the rules specified in the Terms and Conditions immediately after the agreement is concluded.
6. The Service Recipient may resign from the Account at any time without incurring any costs.
7. Deleting the Account results in the termination of the Account management agreement. To delete the Account, the Service Recipient should send a resignation request to the Service Provider's email address provided in § 2 of the Terms and Conditions. The Account will be deleted promptly, and the agreement will be terminated.

LOYALTY PROGRAM

8. The Loyalty Program is intended for Service Recipients who have an Account. Points can only be earned and used through the Account.
9. By creating an Account, the Service Recipient becomes a participant in the Loyalty Program and remains one as long as the Account management agreement is in effect.
10. For every 30 PLN spent in the Store in a single order, the Service Recipient will receive the following number of Points: 30, subject to sections 11 and 12.
11. Points for a placed order will be awarded only if the Service Provider concludes a product purchase agreement with the Service Recipient. Points will be credited automatically upon the fulfillment of the order.
12. Only the amount spent on products purchased in the Store (excluding Points usage and additional costs such as delivery) will be considered in calculating the number of Points.
13. If the Service Recipient signs up for the Store’s newsletter for the first time, they will receive the following number of Points: 100.
14. Points for subscribing to the newsletter will be awarded automatically and promptly, no later than within 7 days of subscription.
15. The Service Recipient may receive the following number of Points: 20 for each legally compliant and socially appropriate review of a purchased product, published in the Store via the Account.
16. Points for submitting a review will be awarded automatically and promptly, no later than within 7 days of posting the review.
17. The Points earned by the Service Recipient are accumulated in a single pool.
18. The current number of accumulated Points will be visible in the Account. The Service Provider may also notify the Service Recipient of changes via email associated with their Account.
19. If the total number of Points in the Account exceeds a defined threshold, the Service Recipient will receive a discount on each purchase made through the Account, as follows:
    • 2% — after accumulating 5,000 Points;
    • 5% — after accumulating 10,000 Points;
    • 10% — after accumulating 25,000 Points;
    • 15% — after accumulating 45,000 Points;
    • 20% — after accumulating 80,000 Points.
20. The above-mentioned discount values are not cumulative.
21. The discount will be automatically applied to the total price of products in the Service Recipient's order.
22. The Service Provider has the right to cancel Points:
    1. awarded for orders where the Service Provider refunded the payment; for privileged Service Recipients, this applies only if the refund was made due to withdrawal from the agreement under Chapter 4 of the Consumer Rights Act;
    2. granted despite unsuccessful payment for the order (this does not prevent Points from being re-earned after a correct payment);
    3. granted for resubscribing to the newsletter.
23. Cancellation of Points under the previous clause does not affect Points already used by a privileged Service Recipient.
24. Points collected in the Loyalty Program may only be used as described in this section. They cannot be exchanged for cash, sold, or transferred to third parties.

Oto tłumaczenie drugiego fragmentu HTML z języka polskiego na angielski – zachowana została struktura HTML, przetłumaczona została tylko treść: ```html

§ 5 COMPLAINTS

I GENERAL PROVISIONS

1. The Service Provider requests that complaints regarding the Account be submitted to the mailing or email address provided in § 2 of the Terms and Conditions.
2. The Service Provider will respond to the complaint within 14 days of receiving the complaint submission.

II PRIVILEGED SERVICE RECIPIENTS

3. The Service Provider is liable to the privileged Service Recipient for the conformity of the service with the contract, as provided by applicable law, including especially the provisions of the Consumer Rights Act.
4. If the Service Provider improperly performs the Account management agreement, the privileged Service Recipient may exercise the rights set out in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider fails to deliver the digital service, the privileged Service Recipient may demand its delivery. If the Service Provider still does not deliver the digital service immediately or within an additional expressly agreed timeframe, the privileged Service Recipient may withdraw from the Account management agreement.
6. The privileged Service Recipient may withdraw from the Account management agreement without demanding the delivery of the digital service if:
   1. the Service Provider's statement or circumstances clearly indicate that the digital service will not be delivered, or
   2. it is evident from the agreement or the circumstances of its conclusion that the specified delivery time was essential to the privileged Service Recipient, and the Service Provider failed to deliver within that time.
7. The Service Provider is liable for non-conformity with the Account management agreement of the continuously delivered digital service that occurred or became apparent during the period in which the service was to be delivered under the agreement.
8. If the digital service is non-compliant with the Account management agreement, the privileged Service Recipient may request its conformity with the agreement.
9. In the event of non-compliance of the digital service with the Account management agreement, the privileged Service Recipient is obliged to cooperate with the Service Provider, within reasonable limits and using the least burdensome technical means, to determine whether the lack of conformity was due to the digital environment of the privileged Service Recipient.
10. Additionally, if the digital service does not conform to the Account management agreement, the privileged Service Recipient may submit a declaration of withdrawal from the agreement if:
    1. bringing the digital service into conformity with the Account management agreement is impossible or involves excessive costs under Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider fails to bring the service into conformity within a reasonable time after being informed by the privileged Service Recipient, and without undue inconvenience, taking into account the nature and purpose of the digital service;
    3. the non-compliance persists despite the Service Provider's attempts to correct it;
    4. the non-compliance is significant enough to justify immediate withdrawal from the agreement without prior recourse to remedies specified in Article 43m of the Consumer Rights Act;
    5. the Service Provider's statement or circumstances clearly indicate that the service will not be brought into conformity within a reasonable time or without undue inconvenience to the privileged Service Recipient.

III OUT-OF-COURT COMPLAINT AND CLAIM RESOLUTION METHODS

11. The Service Provider informs the Consumer about the possibility of using out-of-court complaint and claim resolution methods. The rules for accessing such procedures are available at the offices or websites of entities authorized to settle disputes out of court. The Consumer may use, among others:
    • the assistance of the relevant European Consumer Centre (ECC) from the ECC-Net. These Centres provide information about consumer rights and help resolve disputes in cross-border purchases. ECC assistance is generally free of charge. A list of national ECCs is available at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      - however, the option to submit complaints via the ODR platform will expire on March 20, 2025.
    Additionally, in the Republic of Poland, the following options are available:
    • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a mediation request must be submitted. Proceedings are generally 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, where a request for arbitration can be submitted. Proceedings are generally free of charge. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The above provision is for informational purposes only and does not constitute an obligation for the Service Provider to participate in out-of-court dispute resolution procedures.
13. Use of out-of-court complaint and claim resolution is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also seek free assistance from a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

1. The privileged Service Recipient has the right to withdraw from the Account management agreement concluded with the Service Provider within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the agreement was concluded.
3. To exercise the right of withdrawal, the privileged Service Recipient must inform the Service Provider—using the contact details provided in § 2 of the Terms and Conditions—of their decision to withdraw from the agreement via a clear statement (e.g., a letter sent by post or email).
4. The privileged Service Recipient may use the withdrawal form provided at the end of the Terms and Conditions, but it is not mandatory.
5. To meet the withdrawal deadline, it is sufficient for the privileged Service Recipient to send information about exercising the right of withdrawal before the withdrawal period expires.

§ 7 PERSONAL DATA

1. The Service Provider is the controller of the personal data provided by the Service Recipient in connection with the Account management agreement. Detailed information on the processing of personal data by the Service Provider—including other purposes and legal bases for processing, as well as data recipients—is provided in the Store’s privacy policy, available in accordance with the transparency principle under the General Data Protection Regulation ("GDPR").
2. The purpose of processing the Service Recipient’s data is Account management. The legal basis is the Account management agreement or actions taken at the request of the Service Recipient prior to concluding the agreement (Article 6(1)(b) GDPR), as well as the legitimate interest of the Service Provider in processing data for the establishment, exercise, or defense of potential legal claims (Article 6(1)(f) GDPR).
3. Providing data is voluntary but necessary to conclude the Account management agreement and to provide the associated services. Failure to provide the data means that the agreement cannot be concluded and the services cannot be provided.
4. The data will be processed until:
   1. the Account management agreement expires;
   2. the limitation period for claims related to the Account ends for either party;
   3. an objection to processing is accepted—if the legal basis was the Service Provider’s legitimate interest.
   – whichever applies in a given case.
5. The Service Recipient has the right to request:
   1. access to their personal data,
   2. rectification,
   3. deletion,
   4. restriction of processing,
   5. data portability to another controller,
      as well as the right to:
   6. object at any time to data processing based on Article 6(1)(f) GDPR (i.e., legitimate interests pursued by the Service Provider), for reasons related to their particular situation.
6. To exercise these rights, the Service Recipient should contact the Service Provider.
7. If the Service Recipient believes that their data is being processed unlawfully, they may lodge a complaint with the data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR ACCOUNT

1. The Service Provider reserves the right to amend the Terms and Conditions for important reasons. An important reason is understood as the need to amend the Terms and Conditions due to:
   1. a change in Account functionality requiring modifications to the Terms and Conditions, or
   2. a change in applicable laws affecting the Service Provider’s performance of the Account agreement, or alignment with recommendations, guidelines, orders, prohibitions, rulings, decisions, interpretations, or statements from public authorities, or
   3. a change in the Service Provider’s contact or identification details.
2. Information about the planned change will be sent to the Service Recipient’s email address linked to the Account at least one month before the changes take effect.
3. If the Service Recipient does not object to the changes before they take effect, it is assumed they accept them. This does not prevent the Service Recipient from terminating the agreement in the future.
4. If the Service Recipient does not accept the planned changes, they should send a notice to the Service Provider’s email address listed in § 2 of the Terms and Conditions. This will result in termination of the Account agreement once the changes take effect.
5. The Service Provider may modify the Account in a way that is not necessary to maintain conformity with the Account agreement, due to the reasons mentioned in section 1(b) or due to a change in Account functionality. Such changes will not result in any costs for the privileged Service Recipient. Sections 2–4 apply accordingly.
6. If the change mentioned in section 5 significantly and negatively affects the privileged Service Recipient’s access to or use of the Account, the Service Provider will notify them in advance via email, on a durable medium, including the nature and timing of the change and the rights available in connection with it.

§ 9 FINAL PROVISIONS

1. It is prohibited for the Service Recipient to provide unlawful content.
2. The Account management agreement is concluded in Polish.
3. The agreement based on these Terms and Conditions is governed by Polish law, subject to section 4.
4. The choice of Polish law for the agreement concluded under the Terms and Conditions with the Consumer does not waive or limit the Consumer’s rights arising from mandatory provisions of law applicable to the Consumer in a situation where no choice of law is made. This means in particular that if the applicable national regulations provide broader protection than this document or Polish law, such broader protection shall apply.
5. Orders placed in the Store using Points are governed by the Store’s Terms and Conditions.
6. In the event of a dispute with a Service Recipient who is not a privileged Service Recipient, concerning the Account management agreement, the competent court will be the court having jurisdiction over the Service Provider’s registered office.
7. Any liability of the Service Provider in connection with the Account management agreement towards a Service Recipient who is not a privileged Service Recipient is excluded to the extent permitted by law.

III OUT-OF-COURT COMPLAINT AND CLAIM RESOLUTION METHODS

11. The Service Provider informs the Consumer of the possibility of using out-of-court methods for handling complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. The Consumer may use, among others:
    • assistance from the relevant European Consumer Centre from the ECC-Net. These Centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from the European Consumer Centres is generally free of charge. The list of Consumer Centres for each country can be found at: https://konsument.gov.pl/eck-w-europie/
    • the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      – however, the possibility to file complaints via the ODR platform will expire on 20 March 2025.
    Additionally, within the territory of the Republic of Poland, the following support options are available:
    • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a request for mediation should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which a request should be submitted for the case to be heard by the arbitration court. As a rule, the procedure is free of charge. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
12. The previous provision is for informational purposes only and does not constitute an obligation of the Service Provider to participate in out-of-court dispute resolution procedures.
13. The use of out-of-court complaint and claim resolution methods is voluntary for both the Service Provider and the Consumer.
14. The Consumer may also use free assistance from a municipal or district consumer ombudsman.