Terms & Conditions

This is an English working translation of the Polish Terms and Conditions of the ONDRA.STORE online shop. In the event of any discrepancy, the Polish version prevails.

TERMS AND CONDITIONS OF THE ONDRA.STORE ONLINE SHOP

§ 1. General provisions

These terms and conditions (the „Terms”) set out the rules and conditions for using the ONDRA.STORE online shop operating at www.ondra.store (the „Shop”).
The Terms are the terms and conditions referred to in Article 8 of the Act of 18 July 2002 on the provision of services by electronic means (the „Act on the Provision of Services by Electronic Means”).
The Shop is owned by ONDRA Sp. z o.o., with its registered office in Wrocław (50-502), ul. Hubska 52/14, entered in the register of entrepreneurs of the National Court Register under KRS number 0001216311, NIP: 899-304-63-93 (the „Seller”).
The Seller can be contacted:
1. by e-mail – at hello@ondra.store;
2. by post – at ul. Hubska 52/14, 50-502 Wrocław;
3. by telephone – at [PHONE NUMBER TO BE COMPLETED].
Within its business, the Seller:
1. sells Goods that may be purchased by Buyers;
2. provides Users with the Account Service;
3. provides Subscribers with the Newsletter.
Information about the Goods available in the Shop, in particular their descriptions, technical and functional parameters and prices, constitutes an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of 23 April 1964 – the Civil Code (the „Civil Code”).
Before using the Shop, the Customer is obliged to read the Terms and the Privacy Policy.

§ 2. Definitions

Capitalised terms used in the Terms have the following meaning:

Business day – a day other than a Saturday, a Sunday or another public holiday within the meaning of the Act of 18 January 1951 on public holidays;
Customer – a User, a Buyer, a Recipient or a Subscriber;
Civil Code – the term defined in § 1 para. 6 of the Terms;
Consumer – a natural person performing a legal act with the Seller that is not directly connected with their business or professional activity;
Account – a panel created in the Shop IT system that enables the User to use its functionalities, in particular to purchase Goods;
Buyer – a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer Rights, and who has concluded a Sales Agreement with the Seller or has taken steps towards concluding one;
Licence – the term defined in § 11 para. 1 of the Terms;
Newsletter – digital content within the meaning of the Consumer Rights Act, comprising commercial information about the Seller’s current activity, including information about new arrivals and promotions available in the Shop;
Non-conformity – means:
1. non-conformity of the Goods with the Sales Agreement (the criteria for assessing conformity of the Goods with the Sales Agreement are set out in Article 43b paras. 1-2 of the Consumer Rights Act); or
2. non-conformity of the Digital Performance Item with the agreement for its supply (the criteria for assessing conformity of the Digital Performance Item with the agreement for its supply are set out in Article 43k paras. 1-2 of the Consumer Rights Act);
Recipient – a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer Rights, and who has concluded an Agreement for the Supply of Digital Goods with the Seller or has taken steps towards concluding one;
Privacy Policy – the document containing information on the processing of Customers’ personal data by the Seller;
Digital Performance Item – the Account Service, Digital Goods or the Newsletter;
Entrepreneur – a natural person, a legal person or an organisational unit without legal personality to which specific provisions grant legal capacity, conducting business or professional activity in its own name;
Entrepreneur with Consumer Rights – a natural person conducting business or professional activity in their own name who has concluded an Agreement with the Seller that is directly connected with their business activity but is not of a professional character for that person, resulting in particular from the subject of the business activity they carry out;
Terms – the term defined in § 1 para. 1 of the Terms;
Seller – the term defined in § 1 para. 3 of the Terms;
Subscriber – a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer Rights, and who has concluded an Agreement for the Supply of the Newsletter with the Seller or has taken steps towards concluding one;
Goods – a movable item within the meaning of the Civil Code available in the Shop which the Buyer may purchase, in particular perfumery products. [TO BE CORRECTED: the Polish source document still reads „in particular underwear products and swimwear”, which is a leftover from another template. The Polish version must be corrected by the lawyer before launch.]
Digital Goods – digital content within the meaning of the Consumer Rights Act that may be supplied to the Recipient, in particular an electronic book (ebook), an audio recording, an audiovisual recording or a graphic;
Agreement – an Agreement for the Supply of the Account Service, a Sales Agreement, an Agreement for the Supply of Digital Goods or an Agreement for the Supply of the Newsletter;
Agreement for the Supply of the Newsletter – an agreement for the supply of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to supply the Newsletter to the Subscriber free of charge for an indefinite period, and the Subscriber undertakes to provide the Seller with personal data;
Agreement for the Supply of Digital Goods – an agreement for the supply of digital content within the meaning of the Consumer Rights Act, under which the Seller undertakes to supply Digital Goods to the Recipient, and the Recipient undertakes to conclude an Agreement for the Supply of the Newsletter with the Seller or to pay the price;
Agreement for the Supply of the Account Service – an agreement for the supply of a digital service within the meaning of the Consumer Rights Act, under which the Seller undertakes to supply the Account Service to the User free of charge for an indefinite period, and the User undertakes to provide the Seller with personal data;
Sales Agreement – a contract of sale within the meaning of the Civil Code, under which the Seller undertakes to transfer ownership of the Goods to the Buyer and to release the Goods to the Buyer, and the Buyer undertakes to collect the Goods and to pay the price to the Seller;
Account Service – a digital service within the meaning of the Consumer Rights Act consisting in the creation and maintenance of an Account by the Seller for the User;
Consumer Rights Act – the Act of 30 May 2014 on consumer rights;
Act on the Provision of Services by Electronic Means – the term defined in § 1 para. 2 of the Terms;
User – a person who is a Consumer, an Entrepreneur or an Entrepreneur with Consumer Rights, and who has concluded an Agreement for the Supply of the Account Service with the Seller or has taken steps towards concluding one;
Order – the term defined in § 6 para. 4 of the Terms.

§ 3. Technical requirements

In order for Customers to use the Shop correctly, all of the following are required:
1. an Internet connection;
2. devices that allow the use of Internet resources;
3. a web browser capable of displaying hypertext documents linked on the Internet through the WWW service, supporting the JavaScript programming language and accepting cookies;
4. an active e-mail account.
Within the Shop, Customers are prohibited from using viruses, bots, worms or other computer code, files or programs (in particular scripts and applications that automate processes, or other code, files or tools).
The Seller informs that it applies cryptographic protection of electronic transfer and of digital content by using appropriate logical, organisational and technical measures, in particular in order to prevent third-party access to data, including SSL encryption, access passwords and antivirus or anti-malware software.
The Seller informs that, despite the safeguards referred to in para. 3 above, the use of the Internet and of services provided by electronic means may involve the risk of malicious software entering the Customer’s ICT system and device, or of third parties gaining access to data held on that device. In order to minimise this risk, the Seller recommends the use of antivirus software or measures protecting identification on the Internet.

§ 4. Rules for using the Shop

The Customer is obliged to use the Shop in a manner consistent with generally applicable law, the provisions of the Terms and good practice.
The provision of unlawful content by the Customer is prohibited.
Prices of the Goods available in the Shop are expressed in Polish złoty (PLN) and are gross amounts (they include all mandatory price components, including VAT due).
In the case of a price promotion for Goods, the Seller is obliged to display the lowest price applied to the given Goods in the 30 days preceding the start of the promotion, in accordance with the requirements of Directive 2023/2373/EU (Omnibus). Information about the lowest price must be clearly visible and legible to the Buyer.
The Buyer may purchase Goods both after creating an Account and without creating one. If an Account has been created, the Buyer should log in to it before starting to shop.

§ 5. Agreement for the Supply of the Account Service

In order to conclude an Agreement for the Supply of the Account Service, the User should:
1. go to the Shop website and then click the „create account” tab;
2. enter the following data in the form displayed:
  1. first name and surname;
  2. e-mail address;
  3. a password for the Account created by the User;
  4. [FIELD TO BE COMPLETED];
3. tick, as a mandatory step, the checkbox next to the statement confirming that they have read the Terms and the Privacy Policy and accept their provisions;
4. optionally, tick the checkbox next to the statement consenting to receive the Newsletter;
5. click the „create account” option.
Clicking the „create account” option is tantamount to the User concluding an Agreement for the Supply of the Account Service.
The User obtains access to the Account immediately after clicking the „create account” option.
After creating the Account, the User may supplement the mandatory data stored on it with the following optional data:
1. telephone number;
2. residential or business address (street, house number, flat number, town, postcode, country).
Using the Account, the User may in particular:
1. store their personal data;
2. place Orders and review Orders placed;
3. report a return of Orders.
The Seller informs, and the User acknowledges, that maintaining the conformity of the Account Service with the Agreement for the Supply of the Account Service does not require the User to install updates.
If the User is not granted access to the Account immediately after the conclusion of the Agreement for the Supply of the Account Service, the User shall call upon the Seller to grant access to the Account without delay. The demand referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 para. 4 point 1 of the Terms. If the Seller does not grant the User access to the Account immediately after receiving that demand, the User may withdraw from the Agreement for the Supply of the Account Service.
Irrespective of para. 7 above, if the User is not granted access to the Account, the User may withdraw from the Agreement for the Supply of the Account Service without calling upon the Seller to grant access, where at least one of the cases set out in Article 43j para. 5 of the Consumer Rights Act applies.
Irrespective of paras. 7-8 above, the User may at any time and without giving a reason terminate the Agreement for the Supply of the Account Service with immediate effect. Furthermore, pursuant to Article 27 et seq. of the Consumer Rights Act, the User may withdraw from the Agreement for the Supply of the Account Service without giving a reason within 14 (fourteen) days of its conclusion.
Withdrawal from or termination of the Agreement for the Supply of the Account Service, irrespective of the legal basis, takes place by the User submitting to the Seller a statement of withdrawal from or termination of that Agreement. That statement may be sent by e-mail to the address indicated in § 1 para. 4 point 1 of the Terms. The Seller deletes the Account immediately after receiving that statement.
If the User uses the Account in a manner contrary to generally applicable law, the provisions of the Terms or good practice, or provides unlawful content, the Seller may block the Account, which is tantamount to the Seller terminating the Agreement for the Supply of the Account Service with a notice period of 7 (seven) days. After that notice period expires, the Account is permanently deleted.
Blocking or deleting the Account does not affect the performance of Sales Agreements and Agreements for the Supply of the Newsletter concluded by the User before the Account was blocked or deleted.

§ 6. Sales Agreement

In order to conclude a Sales Agreement, the Buyer should:
1. go to the Shop website;
2. open the tab of the selected Goods and click the „add to cart” option;
3. open the „cart” tab and click the „checkout” option;
4. enter or select the following data in the form displayed:
  1. first name and surname;
  2. e-mail address;
  3. telephone number;
  4. residential or business address (street, house number, flat number, town, postcode, country);
  5. delivery address (if different from the residential or business address);
  6. optionally, company name and NIP (tax identification number), if the Buyer is an Entrepreneur or an Entrepreneur with Consumer Rights;
  7. payment method;
  8. delivery method;
5. tick, as a mandatory step, the checkbox next to the statement confirming that they have read the Terms and the Privacy Policy and accept their provisions;
6. optionally, tick the checkbox next to the statement consenting to receive the Newsletter;
7. click the „Order with an obligation to pay” option and then pay for the Goods using the selected payment method.
The Buyer may choose one of the following delivery methods:
1. courier delivery;
2. delivery to a selected InPost parcel locker.
The Buyer may pay the price for the Goods:
1. by bank transfer to the Seller’s bank account;
2. by transfer using the Przelewy24 payment system.
The Buyer clicking the „Order with an obligation to pay” option is tantamount to the Buyer making an offer to purchase the selected Goods (the „Order”).
After placing an Order, the Buyer receives confirmation of its placement at the e-mail address they provided.
If the Order cannot be fulfilled, the Seller notifies the Buyer by a message sent to the e-mail address provided by the Buyer. In that case no Sales Agreement is concluded between the Seller and the Buyer. If the Order referred to in this para. 6 has already been paid for by the Buyer, the Seller shall promptly refund all payments made by the Buyer.
If the Order is passed for fulfilment, the Seller notifies the Buyer by a message sent to the e-mail address provided by the Buyer. Upon the Buyer receiving that message, a Sales Agreement is concluded between the Seller and the Buyer.
If an Order for which the Buyer has selected payment before delivery is not paid for within [5] ([five]) Business days of its placement, the Seller has the right to withdraw from the Sales Agreement and to cancel the Order within 7 (seven) days of the ineffective expiry of the payment deadline. Withdrawal from the Sales Agreement and cancellation of the Order take place by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.

§ 7. Delivery of the Goods

[PARAGRAPH MISSING IN THE POLISH SOURCE - it should set the deadline for collecting the Goods, which the following paragraph refers to. To be completed by the lawyer.]
If the Buyer fails to collect the Goods within the deadline indicated in para. 1 above, the Seller has the right to withdraw from the Sales Agreement within 7 (seven) days of the ineffective expiry of the collection deadline. Withdrawal from the Sales Agreement and cancellation of the Order take place by the Seller sending an appropriate statement to the e-mail address provided by the Buyer. If, before the Seller withdrew from the Sales Agreement, the Buyer had paid for the Goods, the Seller shall refund all payments made by the Buyer immediately after the withdrawal.
The Seller ships the Goods to addresses within the territory of the Republic of Poland, the European Union, Switzerland, Norway, Iceland, the USA, Canada, the United Arab Emirates and Japan. [TO BE CONFIRMED: the Polish source lists these territories separated by slashes; the final list of shipping destinations must be confirmed and must match the markets configured in the shop.]
Where the Goods are shipped to countries outside the European Union, the Buyer bears the cost of customs duties. Detailed information on the amounts due can be found by the Buyer on the website of the Integrated Tariff of the European Communities (TARIC), which contains the current rates (https://ec.europa.eu/taxation_customs/dds2/taric/taric_consultation.jsp).
The cost of shipping the Goods is borne by the Buyer, who pays it together with the price for the Goods.
The Goods are shipped within no more than 30 business days from:
1. the date on which payment for the Goods is credited to the Seller’s bank account – where the Buyer pays the price for the Goods before delivery;
2. the date on which the Buyer receives the message that the Order has been passed for fulfilment – where the Buyer has chosen to pay the price for the Goods on delivery.
The Seller is obliged to deliver to the Buyer Goods that conform to the relevant Sales Agreement.
The Goods delivered to the Buyer should be in an undamaged condition.
If the Goods are delivered by a courier, the Buyer should inspect the Goods in the courier’s presence. If the parcel containing the Goods is damaged, the Buyer should draw up a damage report and contact the Seller.

§ 8. Right to withdraw from the Sales Agreement

The provisions of this § 8 apply only to a Buyer who is a Consumer or an Entrepreneur with Consumer Rights.
The Buyer has the right to withdraw from the Sales Agreement without giving any reason within 14 (fourteen) days of the day on which the Buyer, or a third party indicated by the Buyer other than the carrier, took possession of the Goods.
The Buyer exercises the right to withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Sales Agreement (the „Statement”). To meet the withdrawal deadline it is sufficient to send the Statement before the deadline referred to in para. 2 above expires.
The Statement may be submitted by the Buyer in any form, in particular using the form set out in Annex 2 to the Consumer Rights Act. In order to streamline the exercise of the right of withdrawal, the Seller nevertheless recommends submitting the Statement in the manner set out in paras. 5-8 below.
The Buyer may submit the Statement in:
1. electronic form;
2. paper form.
If the electronic form is chosen, the Buyer should send an e-mail to the address indicated in § 1 para. 4 point 1 of the Terms containing the following elements:
1. the Buyer’s first name and surname;
2. e-mail address;
3. correspondence address;
4. an explicit statement of withdrawal from the Sales Agreement;
5. identification of the Goods to which the withdrawal relates;
6. the Order number;
7. the date the Order was placed;
8. the PKD codes of the business activity conducted by the Buyer (if the Buyer is an Entrepreneur with Consumer Rights).
If the paper form is chosen, the Buyer should print and complete the form set out in Annex 1 to the Terms and then send it together with the Goods to the address indicated in para. 10 below.
The Seller sends the Buyer confirmation of receipt of the Statement promptly after receiving it, by e-mail.
If the right of withdrawal from the Sales Agreement is exercised, the Buyer should return the Goods to the Seller within 14 (fourteen) days of the withdrawal. To meet that deadline it is sufficient to send the Goods back before it expires.
Standard Goods should be returned to the following address:

ONDRA Sp. z o.o., ul. Hubska 52/14, 50-502 Wrocław

The Buyer bears the direct cost of returning the Goods.
Payments made by the Buyer are refunded after the Seller receives the returned Goods or proof of their return by the Buyer, whichever occurs first. The refund is made using the same payment method as used by the Buyer in the original transaction, unless the Buyer expressly agrees to another solution. The Buyer bears no cost of the refund.
The Buyer is liable for any diminished value of the Goods resulting from handling them in a way other than what is necessary to establish the nature, characteristics and functioning of the Goods.
The Buyer has no right to withdraw from the Sales Agreement where:
1. the Goods are non-prefabricated items produced to the Buyer’s specification or serving to satisfy the Buyer’s individualised needs;
2. the item is digital content supplied in sealed packaging which cannot be returned once the packaging has been opened, for safety or health protection reasons or for reasons of hygiene, where the packaging was opened after delivery (this also applies to Digital Goods);
3. the Goods are an item delivered in sealed packaging which cannot be returned once the packaging has been opened, for health protection reasons or for reasons of hygiene, where the packaging was opened after delivery.

§ 9. Complaints concerning the Goods

Pursuant to Article 558 § 1 of the Civil Code, the Seller’s liability under the statutory warranty towards Buyers who are Entrepreneurs is excluded. The remaining provisions of this § 9 apply only to:
1. a Buyer who is a Consumer or an Entrepreneur with Consumer Rights;
2. Non-conformity of the Goods with the Sales Agreement.
The Goods delivered to the Buyer by the Seller must conform to the Sales Agreement.
The Seller is liable for a Non-conformity existing at the time the Goods are delivered to the Buyer and revealed within 2 (two) years of that time, unless the shelf life of the Goods is longer. In particular, where a Non-conformity is revealed within 12 (twelve) months of delivery of the Goods, it is presumed that the Non-conformity existed at the time of delivery unless proven otherwise.
Where a Non-conformity is revealed, the Buyer has the rights set out in Article 43d et seq. of the Consumer Rights Act. Those rights are exercised in accordance with the Consumer Rights Act and with the provisions of this § 9.
Where a Non-conformity is revealed, the Buyer may submit a complaint requesting:
1. repair of the Goods; or
2. replacement of the Goods.
The complaint is submitted by e-mail, to the address indicated in § 1 para. 4 point 1 of the Terms.
The complaint should contain:
1. the Buyer’s first name and surname;
2. e-mail address;
3. the Order number;
4. the date the Goods were delivered;
5. a description of the Non-conformity revealed;
6. a request for repair or replacement of the Goods.
Where the Seller receives a request for:
1. repair of the Goods – the Seller is entitled to replace those Goods;
2. replacement of the Goods – the Seller is entitled to repair those Goods;
– if the method chosen by the Buyer for bringing the Goods into conformity with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
Where both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
After considering the complaint, the Seller provides the Buyer with a reply in which the Seller:
1. accepts the complaint and indicates the planned date for fulfilling the Buyer’s request;
2. accepts the complaint and informs the Buyer that the Seller is exercising the right referred to in para. 8 above;
3. refuses to bring the Goods into conformity with the Sales Agreement for the reasons set out in para. 9 above;
4. rejects the complaint as unfounded.
The Seller replies to the complaint by e-mail within 14 (fourteen) days of receiving it.
In the cases set out in para. 10 points 1-2 above, the Seller brings the Goods into conformity with the Sales Agreement at its own cost, within a reasonable time from receipt of the complaint and without undue inconvenience to the Buyer, taking into account the nature of the Goods and the purpose for which the Buyer acquired them. The Seller indicates the planned date for bringing the Goods into conformity in its reply to the complaint.
The Buyer makes the Goods subject to repair or replacement available to the Seller. The Seller collects the Goods from the Buyer at its own cost.
The Buyer is not obliged to pay for ordinary use of Goods that are subsequently replaced.
Where a Non-conformity is revealed, the Buyer may submit to the Seller a statement of price reduction or of withdrawal from the Agreement where:
1. the Seller has refused to bring the Goods into conformity with the Sales Agreement for the reasons set out in para. 9 above;
2. the Seller has not brought the Goods into conformity with the Sales Agreement in accordance with paras. 12-13 above;
3. the Non-conformity persists despite the Seller having attempted to bring the Goods into conformity with the Sales Agreement;
4. the Non-conformity is material enough to justify withdrawal from the Sales Agreement without first requesting the Seller to bring the Goods into conformity;
5. it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the Goods into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Buyer.
A statement of price reduction or of withdrawal from the Sales Agreement may be submitted by e-mail, to the address indicated in § 1 para. 4 point 1 of the Terms.
A statement of price reduction or of withdrawal from the Sales Agreement should contain:
1. the Buyer’s first name and surname;
2. e-mail address;
3. the Order number;
4. the date the Goods were delivered;
5. a description of the Non-conformity revealed;
6. the reason for submitting the statement, chosen from the reasons set out in para. 15 above;
7. a statement of reduction of the price of the Goods, indicating the reduced price, or a statement of withdrawal from the Sales Agreement.
The reduced price must remain in the same proportion to the price under the Sales Agreement as the value of the Goods that are not in conformity with the Sales Agreement remains to the value of the Goods in conformity with it. The Seller refunds to the Buyer the amounts due as a result of exercising the right to a price reduction without delay, and no later than within 14 (fourteen) days of receiving the statement of price reduction.
The Buyer may not withdraw from the Sales Agreement if the Non-conformity is immaterial.
In the event of withdrawal from the Sales Agreement, the Buyer promptly returns the Goods to the Seller at the Seller’s cost. The Goods should be returned to the following address:

ONDRA Sp. z o.o., ul. Hubska 52/14, 50-502 Wrocław

The Seller refunds the price of the Goods to the Buyer without delay, and no later than within 14 (fourteen) days of receiving the Goods or proof of their return, whichever occurs first. The refund is made using the same payment method as used by the Buyer in the original transaction, unless the Buyer expressly agrees to another method of refund that involves no cost for the Buyer.

[NOTE: § 10 and § 11 are missing from the Polish source document, even though § 11 is referred to in the definition of „Licence” in § 2. The numbering must be corrected by the lawyer before launch.]

§ 12. Agreement for the Supply of the Newsletter

In order to conclude an Agreement for the Supply of the Newsletter, the Subscriber should:
1. go to the Shop website;
2. enter an e-mail address in the form available on the Shop website;
3. tick, as a mandatory step, the checkbox next to the statement consenting to receive the Newsletter and confirming that they have read the Terms and the Privacy Policy and accept their provisions;
4. click the „Join” option.
Clicking the „Join” option is tantamount to the Subscriber concluding an Agreement for the Supply of the Newsletter.
An Agreement for the Supply of the Newsletter may also be concluded by the User ticking the checkbox next to the statement consenting to receive the Newsletter while concluding an Agreement for the Supply of the Account Service or a Sales Agreement. In that case, the Agreement for the Supply of the Newsletter is concluded at the moment the Agreement for the Supply of the Account Service or the Sales Agreement is concluded.
The Agreement for the Supply of the Newsletter is concluded for an indefinite period.
The Seller informs, and the Subscriber acknowledges, that:
1. the Newsletter is not subject to updates;
2. the frequency and dates of delivery of Newsletters are not fixed in advance and depend on the Seller’s current situation.
The Newsletter is delivered by e-mail, to the e-mail address provided by the Subscriber.
The Subscriber may at any time and without giving a reason terminate the Agreement for the Supply of the Newsletter with immediate effect. Furthermore, pursuant to Article 27 et seq. of the Consumer Rights Act, a Subscriber who is a Consumer or an Entrepreneur with Consumer Rights may withdraw from the Agreement for the Supply of the Newsletter without giving a reason within 14 (fourteen) days of its conclusion.
Withdrawal from or termination of the Agreement for the Supply of the Newsletter, irrespective of the legal basis, requires the Subscriber to submit an appropriate statement to the Seller. That statement may be submitted by:
1. the Subscriber clicking the unsubscribe link that is sent with every Newsletter;
2. the Subscriber sending the Seller a statement of withdrawal from or termination of the Agreement for the Supply of the Newsletter by e-mail.
The Seller stops delivering the Newsletter to the Subscriber immediately after the Subscriber performs one of the actions set out in para. 8 above.

§ 13. Complaints concerning the Digital Performance Item

The provisions of this § 13 apply only to: [the Polish source reads „this § 11” here, which is an internal numbering error to be corrected by the lawyer]
1. Customers who are:
  1. Users, Recipients or Subscribers, unless a specific provision of the Terms concerns only one of them; and
  2. Consumers or Entrepreneurs with Consumer Rights;
2. Agreements for the Supply of the Account Service and Agreements for the Supply of the Newsletter, unless a specific provision of the Terms concerns only one of those Agreements;
3. Non-conformity of the Account Service with the Agreement for the Supply of the Account Service, Non-conformity of Digital Goods with the Agreement for the Supply of Digital Goods, or Non-conformity of the Newsletter with the Agreement for the Supply of the Newsletter.
The Digital Performance Item supplied to the Customer by the Seller must conform to the agreement for its supply:
1. at the time of its supply – where the Digital Performance Item is supplied on a one-off basis or in instalments;
2. throughout the period of supply of that Digital Performance Item – where it is supplied continuously.
The Seller is liable for a Non-conformity:
1. existing at the time the Digital Performance Item is supplied and revealed within 2 (two) years of that time – where the Digital Performance Item is supplied on a one-off basis or in instalments;
2. revealed during the period of supply of that Digital Performance Item – where it is supplied continuously.
Where a Non-conformity is revealed, the Customer may submit a complaint requesting that the Digital Performance Item be brought into conformity with the agreement for its supply.
The complaint is submitted by e-mail, to the address indicated in § 1 para. 4 point 1 of the Terms.
The complaint should contain:
1. the Customer’s first name and surname;
2. e-mail address;
3. a description of the Non-conformity revealed;
4. a request that the Digital Performance Item be brought into conformity with the agreement for its supply.
The Seller may refuse to bring the Digital Performance Item into conformity with the agreement for its supply if that is impossible or would require the Seller to incur excessive costs.
After considering the complaint, the Seller provides the Customer with a reply in which the Seller:
1. accepts the complaint and indicates the planned date for bringing the Digital Performance Item into conformity with the agreement for its supply;
2. refuses to bring the Digital Performance Item into conformity with the agreement for its supply for the reasons set out in para. 7 above;
3. rejects the complaint as unfounded.
The Seller replies to the complaint by e-mail within 14 (fourteen) days of receiving it.
If the complaint is accepted, the Seller brings the Digital Performance Item into conformity with the agreement for its supply at its own cost, within a reasonable time from receipt of the complaint and without undue inconvenience to the Customer, taking into account the nature of the Digital Performance Item and the purpose for which it is used. The Seller indicates the planned date in its reply to the complaint.
Where a Non-conformity is revealed, subject to para. 14 below, the Customer may submit to the Seller a statement of price reduction or of withdrawal from the Agreement where:
1. bringing the Digital Performance Item into conformity with the agreement for its supply is impossible or requires excessive costs;
2. the Seller has not brought the Digital Performance Item into conformity with the agreement for its supply in accordance with para. 10 above;
3. the Non-conformity persists despite the Seller having attempted to bring the Digital Performance Item into conformity;
4. the Non-conformity is material enough to justify withdrawal from the agreement for the supply of that Digital Performance Item without first requesting the Seller to bring it into conformity;
5. it is clear from the Seller’s statement or from the circumstances that the Seller will not bring the Digital Performance Item into conformity within a reasonable time or without undue inconvenience to the Customer.
A statement of price reduction or of withdrawal from the Agreement may be submitted by e-mail, to the address indicated in § 1 para. 4 point 1 of the Terms.
A statement of price reduction or of withdrawal from the Agreement should contain:
1. the Customer’s first name and surname;
2. e-mail address;
3. the date the Digital Performance Item was supplied;
4. a description of the Non-conformity revealed;
5. the reason for submitting the statement, chosen from the reasons set out in para. 11 above;
6. a statement of price reduction, indicating the reduced price, or a statement of withdrawal from the Agreement.
The Customer may not submit a statement of price reduction to the Seller where the Non-conformity concerns the Account Service, Digital Goods received free of charge, or the Newsletter.
The Seller is not entitled to demand payment for the period during which the Digital Goods were not in conformity with the Agreement for the Supply of Digital Goods, even if the Recipient used those Digital Goods before withdrawing from that Agreement.
The reduced price must remain in the same proportion to the price under the Agreement for the Supply of Digital Goods as the value of the Digital Goods that are not in conformity with that Agreement remains to the value of Digital Goods in conformity with it.
The Seller refunds to the Recipient the amounts due as a result of exercising the right to a price reduction or of withdrawal from the Agreement without delay, and no later than within 14 (fourteen) days of receiving the statement of price reduction or of withdrawal.
The Recipient may not withdraw from the Agreement for the Supply of Digital Goods if the Non-conformity is immaterial.
If the User withdraws from the Agreement for the Supply of the Account Service, the Seller deletes the Account immediately after receiving the statement of withdrawal.
If the Subscriber withdraws from the Agreement for the Supply of the Newsletter, the Seller stops delivering the Newsletter immediately after receiving the statement of withdrawal.
Pursuant to Article 34 para. 1a of the Consumer Rights Act, where the Customer withdraws from an agreement for the supply of a Digital Performance Item, the Customer is obliged to stop using that Digital Performance Item and to stop making it available to third parties.

§ 14. The Seller’s intellectual property

All components of the Shop, in particular:
1. the name of the Shop;
2. the logo of the Shop;
3. photographs and descriptions of the Goods;
4. the operating principles of the Shop website, all of its graphic elements, the interface, the software, the source code and the databases
– are protected by law under the Act of 4 February 1994 on copyright and related rights, the Act of 30 June 2000 – Industrial Property Law, the Act of 16 April 1993 on combating unfair competition, and other generally applicable law, including European Union law.
Any use of the Seller’s intellectual property without the Seller’s prior, express permission is prohibited.

§ 15. Processing of personal data

Information about the processing of personal data by the Seller can be found in the Privacy Policy available at: www.ondra.store/pages/privacy-policy

§ 16. Out-of-court dispute resolution

The provisions of this § 16 apply only to Customers who are Consumers.
The Customer may use out-of-court means of handling complaints and pursuing claims.
The Seller declares that it agrees to take part in mediation and dispute resolution procedures before consumer ombudsmen and the Regional Inspectorates of the Trade Inspection, in accordance with the Act on Competition and Consumer Protection and the procedures set out in Regulation (EU) No 1093/2015 of the European Parliament and of the Council. The Seller undertakes to cooperate in order to resolve amicably any disputes with Buyers who are Consumers.
Detailed information on the Customer’s ability to use out-of-court means of handling complaints and pursuing claims, and on the rules for accessing those procedures, is available at the offices and on the websites of:
1. district (municipal) consumer ombudsmen and social organisations whose statutory tasks include consumer protection;
2. the Regional Inspectorates of the Trade Inspection;
3. the Office of Competition and Consumer Protection.
The Customer may also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 17. Changes to the Account Service

The Seller may change the Account Service where:
1. it is necessary to adapt the Account Service to newly emerging devices or software used by Users to access the Account Service;
2. the Seller decides to improve the Account Service by adding new functionalities or modifying existing ones;
3. there is a legal obligation to make changes, including the obligation to adapt the Account Service to the current state of the law.
A change to the Account Service may not involve any cost for the User.
The Seller informs Users of a change to the Account Service by placing a notice about the changes on the Account. Independently, information about the change may be sent to Users by e-mail.
If a change to the Account Service will materially and adversely affect the User’s access to the Account Service, the Seller is obliged to inform the User of:
1. the nature of the change and the date it will be made; and
2. the User’s right to terminate the Agreement for the Supply of the Account Service with immediate effect within 7 (seven) days of the change being made.
The Seller sends the information referred to in para. 4 above to Users by e-mail, no later than 7 (seven) days before the change is made.
Termination by the User of the Agreement for the Supply of the Account Service under para. 4 point 2 above takes place by the User submitting a statement of termination to the Seller. That statement may be sent by e-mail to the address indicated in § 1 para. 4 point 1 of the Terms. The Seller deletes the Account immediately after receiving that statement.

§ 18. Changes to the Terms

The Seller may amend the Terms where:
1. the subject of the Seller’s business activity changes;
2. the Seller begins providing new services, modifies services provided so far, or ceases to provide them;
3. technical modifications are made to the Shop that require the provisions of the Terms to be adapted;
4. there is a legal obligation to make changes, including the obligation to adapt the Terms to the current state of the law.
Customers will be informed of a change to the Terms by publication of the amended version on the Shop website at least 7 (seven) days before the changes take effect. Within that period, the amended version of the Terms will be sent to Users and Subscribers by e-mail.
Sales Agreements and Agreements for the Supply of Digital Goods concluded before the new Terms take effect are governed by the provisions of the Terms in force at that time.
A User or Subscriber who does not agree to a change to the Terms may terminate the Agreement for the Supply of the Account Service or the Agreement for the Supply of the Newsletter with immediate effect until the changes to the Terms take effect. Failure to terminate is deemed to be consent to the change to the Terms.
Termination of the Agreement for the Supply of the Account Service or the Agreement for the Supply of the Newsletter takes place by the User or Subscriber submitting a statement of termination to the Seller. That statement may be sent by e-mail to the address indicated in § 1 para. 4 point 1 of the Terms.
Immediately after receiving the statement referred to in para. 5 above, the Seller deletes the Account or stops delivering the Newsletter.

§ 19. Final provisions

Annex 1 – Statement of withdrawal from the Sales Agreement – forms part of the Terms.
The current version of the Terms applies from 28 August 2026.