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Regulations

Terms and Conditions of the Pracownia Horeca Online Store

This document primarily defines the terms under which contracts 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 Processing
§ 7 Right to Withdraw from the Contract
§ 8 Exceptions to the Right to Withdraw from the Contract
§ 9 Complaints
§ 10 Personal Data
§ 11 Reservations
Appendix No. 1: Withdrawal Form Template

§ 1 DEFINITIONS
Business Days – Days from Monday to Friday, excluding public holidays in Poland.
Civil Code – Polish Act of April 23, 1964, the Civil Code.
Consumer – A Buyer who is a natural person, purchasing in the Store or taking actions to make a purchase without direct connection to their business or professional activity.
Account – A digital service regulated by a separate set of rules, under which the Buyer can use additional free functions in the Store.
Buyer – Any entity purchasing in the Store or taking actions to make a purchase.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – A Buyer who is a natural person, entering into or intending to enter into an agreement with the Seller under these Terms, directly related to their business activity but not of a professional nature.
Regulations – These terms and conditions.
Store – The Horeca Workshop online store run by the Seller at the address https://pracowniahoreca.pl.
Seller – Maria Wysocka, entrepreneur running a business under the name "Pracownia Horeca Maria Wysocka," registered in the Central Register and Information on Economic Activity, kept by the Ministry responsible for economic affairs, NIP 7281878808, REGON 473077660, ul. Amazonitowa 18, 91-360 Łódź.
Consumer Rights Act – Polish Act of May 30, 2014, on Consumer Rights.

§ 2 CONTACT WITH THE SELLER

  • Postal address: ul. Amazonitowa 18, 91-360 Łódź

  • Email address: biuro@pracowniahoreca.pl

  • Phone: 508092085

  • The cost of a phone call or data transmission made by the Buyer results from the basic rate of the telecommunications operator or internet service provider the Buyer uses. The Seller reminds that the cost of international calls or international data transmission may be higher than national calls or transmissions, depending on the rates set by the telecommunications operator or internet provider the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

  • For the proper functioning of the Store, the following are required:

    • A device with internet access

    • A web browser supporting JavaScript and cookies.

  • To place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

  • Product prices visible in the Store are the total prices for the product.

  • The Seller points out that the total price of an order consists of the product price and, if applicable, the delivery cost of the goods.

  • The selected product to buy must be added to the cart in the Store.

  • The Buyer then chooses the delivery method for the goods and the payment method for the order from the available options in the Store, and provides the necessary information to complete the order.

  • An order is placed when the Buyer confirms its content and accepts the Terms and Conditions.

  • Placing an order is equivalent to concluding a contract between the Buyer and the Seller.

  • The Buyer can register in the Store, i.e., create an Account, or make purchases without registration by providing their details with each potential order.

§ 5 PAYMENTS

  • The following payment methods are available in the Store:

    • Regular bank transfer to the Seller's account;

    • Payment via credit card:

      • Visa

      • Visa Electron

      • MasterCard

      • MasterCard Electronic

      • Maestro

    • Through the payment platform:

      • Shoper Payments

    • Cash on delivery, i.e., cash at the time of delivery to the Buyer;

  • In the case of choosing payment via the Shoper Payments platform, the payment service provider is Autopay S.A.

  • If the Buyer selects prepayment, the order must be paid for within 1 Business Day from the order date.

  • By making a purchase 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 PROCESSING

  • The order processing time is indicated in the Store.

  • If the Buyer selected prepayment, the Seller will proceed with processing the order after payment.

  • In cases where a single order includes products with different processing times, the order will be processed according to the longest processing time.

  • The territories to which delivery is provided are:

    • Poland

    • Germany, Lithuania, Estonia, Latvia, Czech Republic, Denmark, Netherlands, Norway, France, Ireland

  • The following delivery methods are available in the Store:

    • Through a courier company;

    • To InPost parcel lockers.

§ 7 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. A privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8 of these Terms, within 14 days without providing any reason.

  2. The withdrawal period expires after 14 days from the day:

    • The Buyer took possession of the goods, or a third party other than the carrier and indicated by the Buyer took possession of the goods;

    • The Buyer took possession of the last item, batch, or part, or a third party, other than the carrier and indicated by the Buyer, took possession of the last item, batch, or part, in the case of a contract involving multiple goods delivered separately, in batches, or in parts.

  3. To exercise the right to withdraw from the contract, the privileged Buyer must inform the Seller using the details provided in § 2 of these Terms about their decision to withdraw from the contract by an unequivocal statement (for example, a letter sent by post or email).

  4. The privileged Buyer may use the withdrawal form template provided at the end of these Terms, but this is not mandatory

  5. To meet the deadline for withdrawal from the contract, it is sufficient for the privileged Buyer to send information regarding their right to withdraw from the contract before the withdrawal period expires.

    CONSEQUENCES OF WITHDRAWAL FROM THE CONTRACT

  1. If the privileged Buyer withdraws from the contract, the Seller will refund all payments received from the Buyer, including the cost of delivery (except for additional costs resulting from the delivery method selected by the Buyer that is not the cheapest standard delivery offered by the Seller), promptly and in any case no later than 14 days from the day the Seller was informed of the Buyer’s decision to withdraw from the contract.
  2. The Seller will refund the payment using the same payment methods the Buyer used in the original transaction, unless the Buyer agrees to another solution. In any case, the Buyer will not bear any charges related to this refund.
  3. If the Seller has not proposed to collect the goods from the privileged Buyer, the refund may be delayed until the goods are received or proof of their return is provided, whichever occurs first.
  4. The Seller requests the goods be returned to the address: ul. Amazonitowa 18, 91-360 Łódź promptly, but in any case no later than 14 days from the day the Buyer informed the Seller about withdrawal from the contract. The deadline is met if the Buyer sends the goods back before the 14-day period expires.
  5. The privileged Buyer bears the direct costs of returning the goods.
  6. The privileged Buyer is responsible only for the decrease in the value of the goods resulting from the use of the goods in a manner other than what was necessary to determine the nature, features, and functioning of the goods.
  7. If the goods cannot be returned by regular postal means due to their nature, the privileged Buyer will also have to bear the direct costs of returning the goods. The estimated cost of these returns will be communicated by the Seller in the product description or during the order process.
  8. If a refund is required for a transaction made by the privileged Buyer using a credit card, the Seller will process the refund to the bank account associated with that card.

§ 8 EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT

The right to withdraw from a distance contract, as stated in § 7 of these Terms, does not apply to contracts:
- Involving goods that are not pre-made, manufactured according to the Buyer’s specifications, or intended to meet their personalized needs;
- Where the goods are perishable or have a short shelf life;
- Where the goods are delivered in sealed packaging that cannot be returned for health or hygiene reasons once the packaging has been opened;
- Involving goods that, due to their nature, are inseparably combined with other items after delivery;
- Involving audio or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery;
- For the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
- Where the price or remuneration depends on fluctuations in the financial market beyond the Seller’s control, which may occur before the withdrawal period expires.

§ 9 COMPLAINTS AND GENERAL PROVISIONS

I. GENERAL PROVISIONS

  1. The Seller is liable to the privileged Buyer for the conformity of the goods with the contract as required by universally applicable laws, including especially 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 address or email specified in § 2 of the Terms and Conditions.

  3. If a warranty has been granted for the product, information about it, including the terms, is available in the Store.

  4. The Seller will respond to complaints within 14 days of receiving them.

II. PRIVILEGED BUYERS

  1. Goods:

    • In case of non-conformity of the goods with the contract, the privileged Buyer may exercise the rights specified in Chapter 5a of the Consumer Rights Act.

    • The Seller is responsible for the lack of conformity of the goods with the contract that exists at the time of delivery and is revealed within two years of that moment, unless the product's shelf life, as defined by the Seller, their legal predecessors, or persons acting on their behalf, is longer.

    • Under the provisions of the Consumer Rights Act, in the case of non-conformity with the contract, the privileged Buyer may request:

      • replacement of the goods,

      • repair of the goods.

    • Additionally, the privileged Buyer may declare:

      • a reduction in price,

      • withdrawal from the contract in situations where:

        • The Seller refused to bring the goods into conformity with the contract as per Art. 43d § 2 of the Consumer Rights Act;

        • The Seller did not bring the goods into conformity with the contract as per Art. 43d § 4-6 of the Consumer Rights Act;

        • the non-conformity persists even though the Seller attempted to bring the goods into conformity;

        • the non-conformity is so significant that it justifies reducing the price or withdrawing from the contract without first using the protective measures specified in Art. 43d of the Consumer Rights Act;

        • the Seller’s statement or the circumstances clearly indicate that they will not bring the goods into conformity within a reasonable time or without causing excessive inconvenience to the privileged Buyer.

    • In the case of goods that require repair or replacement, the privileged Buyer should provide the goods to the Seller. The Seller will collect the goods from the privileged Buyer at their expense.

    • The privileged Buyer cannot withdraw from the contract if the non-conformity is insignificant.

    • In case of withdrawal from the contract (related to goods), the privileged Buyer must immediately return the goods to the Seller at their expense, to the address: ul. Amazonitowa 18, 91-360 Łódź. The Seller will refund the privileged Buyer the price immediately, no later than 14 days from the receipt of the goods or proof of their return.

    • The Seller will refund the amounts due to the privileged Buyer resulting from the reduction in price immediately, no later than 14 days from the receipt of the privileged Buyer's declaration on the reduction in price.

  2. Out-of-court complaint handling and claims:

    • The Seller informs the Consumer about the possibility of using out-of-court methods of handling complaints and claims. The rules for accessing these procedures are available at the headquarters or on the websites of the entities authorized to handle disputes out of court. The Consumer can use, among others:

      • the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. 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. A list of Consumer Centres for each country can be found 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

        • Note that the possibility of submitting complaints via the ODR platform will expire on March 20, 2025.

    • Additionally, in Poland, the following forms of support are available:

      • mediation conducted by the competent Provincial Inspectorate of Commercial Inspection, which can be approached with a request for mediation. As a rule, the procedure is free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa

      • assistance from the appropriate permanent consumer arbitration court operating at the Provincial Inspectorate of Commercial Inspection, to which a request for dispute resolution can be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

    • The previous provision is informational and does not constitute an obligation for the Seller to use out-of-court methods of dispute resolution.

    • Using out-of-court methods for handling complaints and claims is voluntary for both the Seller and the Consumer.

    • The Consumer may additionally use free assistance from the municipal or district consumer ombudsman.

III. BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In case of a defect in the goods, a Buyer other than a privileged Buyer may submit a complaint regarding defective goods based on the warranty regulated in the Civil Code.

  2. The Seller is liable to a Buyer other than a privileged Buyer under the warranty if the physical defect is identified within two years from the date of delivery of the goods to the Buyer.

  3. According to the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses warranty rights if they do not inspect the goods in the proper time and manner for goods of this type and do not notify the Seller of the defect immediately, or if the defect is later discovered, they do not notify the Seller immediately after it is identified. To meet this deadline, it is enough to send a notification of the defect before the deadline expires.

  4. Using the warranty, a Buyer other than a privileged Buyer may, according to the Civil Code:

    • submit a statement on reducing the price,

    • in the case of a significant defect, submit a statement of withdrawal from the contract,

    • demand the replacement of goods with defect-free goods,

    • demand the removal of the defect.

  5. If it turns out that delivering the defective goods to the Seller is necessary for the complaint to be processed, the Buyer other than a privileged Buyer is obliged to deliver the goods to the address: ul. Amazonitowa 18, 91-360 Łódź.

§ 10 PERSONAL DATA

  1. The administrator of 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 grounds for data processing, as well as data recipients, is provided in the privacy policy available in the Store – in accordance with the transparency principle contained in the general regulation of the European Parliament and Council (EU) on data protection – “GDPR”.

  2. The purpose of processing the Buyer's personal data by the Seller, provided by the Buyer in connection with purchases in the Store, is to fulfill orders. The legal basis for processing personal data in this case is:

    • the contract or actions taken at the Buyer's request aimed at its conclusion (Art. 6, para. 1(b) of the GDPR),

    • a legal obligation of the Seller, especially related to accounting and product safety (Art. 6, para. 1(c) of the GDPR), and

    • the legitimate interest of the Seller in processing data to establish, pursue, or defend any claims (Art. 6, para. 1(f) of the 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 in the Store will be processed until:

    • the contract concluded between the Buyer and the Seller ceases to apply;

    • the Seller's legal obligation to process the Buyer's data ceases to apply;

    • the possibility of the Buyer or Seller pursuing claims related to the contract concluded through the Store expires;

    • the Buyer objects to the processing of their personal data – if the basis for processing is the Seller's legitimate interest.

  5. The Buyer has the right to request:

    • access to their personal data,

    • rectification,

    • deletion,

    • restriction of processing,

    • data transfer to another administrator,

    • as well as the right to:

    • object at any time to the processing of data for reasons related to the Buyer's specific situation – against the processing of their personal data based on Art. 6, para. 1(f) of the GDPR (i.e., based on the legitimate interests pursued by the Seller).

  6. To exercise these rights, the Buyer should contact the Seller using the details in § 2 of the Terms and Conditions.

  7. If the Buyer considers that their data is being processed unlawfully, the Buyer may file a complaint with the relevant supervisory authority for personal data protection. In Poland, it is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

  1. It is prohibited for the Buyer to provide unlawful content.

  2. Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of processing the order.

  3. All agreements concluded under these Terms and Conditions are subject to Polish law, subject to § 4.

  4. The choice of Polish law for contracts concluded under the Terms and Conditions with a Consumer does not exclude or limit the rights of the Consumer under applicable mandatory provisions of law in situations where no choice of law is made. This means that, in particular, if the applicable laws of a given Consumer's country provide broader protection than that resulting from these Terms and Conditions or Polish law – that broader protection applies.

  5. Contracts concluded under these Terms and Conditions are concluded in Polish.

 

In case of a dispute with a non-privileged Buyer related to a contract concluded via the Store, the court competent for the Seller's registered office will be the competent court.

Attachment No. 1 to the Terms and Conditions

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



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


Pracownia Horeca Maria Wysocka
Amazonitowa Street 18, 91-360 Łódź
email address: biuro@pracowniahoreca.pl

  • I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby inform/inform(*) of my/our withdrawal from the sales agreement for the following goods(*) / for the provision of the following service():

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

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  • Full name of the Consumer(s) / Privileged Entrepreneur(s):

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

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

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

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

(*) Delete as applicable

 

Account Regulations
at the Pracownia Horeca 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 Regulations or Account
§ 9 Final Provisions

§ 1 DEFINITIONS
Consumer – A Service Recipient who is an individual and has entered into an agreement to maintain an Account or is taking steps to enter into such an agreement, not directly related to their business or professional activity.
Account – A digital service, as defined by the Consumer Rights Act, provided free of charge by the Service Provider to the Service Recipient, which enables the Recipient to use additional functions in the Store.
Privileged Entrepreneur – A Service Recipient who is an individual entering into an agreement to maintain an Account (or is taking steps to enter into such an agreement), directly related to their business activity, but not for professional purposes.
Regulations – These Account Regulations.
Store – The online store Pracownia Horeca operated by the Service Provider at https://pracowniahoreca.pl
Service Recipient – Any entity that has entered into an agreement to maintain an Account or is taking steps to enter into such an agreement.
Privileged Service Recipient – A Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider – Maria Wysocka, an entrepreneur operating under the business name Pracownia Horeca Maria Wysocka, registered in the Central Registration and Information on Business Activity, with NIP 7281878808, REGON 473077660, located at Amazonitowa 18, 91-360 Łódź.
Consumer Rights Act – Polish Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Postal Address: Amazonitowa 18, 91-360 Łódź

  2. Email Address: biuro@pracowniahoreca.pl

  3. Phone: 508092085

  4. The cost of phone calls or data transmission by the Service Recipient is based on the basic rate of the telecommunications operator or internet service provider used by the Recipient. The Service Provider draws attention to the fact that the cost of international calls or data transmission may be higher than domestic ones, depending on the rates set by the telecommunications operator or internet service provider.

§ 3 TECHNICAL REQUIREMENTS

  1. For proper functioning and account creation, the following are required:
    o An active email account,
    o A device with internet access,
    o A web browser that supports JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is completely voluntary and dependent on the will of the Service Recipient.

  2. The Account provides the Service Recipient with additional features, such as: viewing the order history placed in the Store, checking the order status, and editing their data.

  3. To create an Account, the relevant form must be completed in the Store.

  4. Upon creating the Account, an agreement to maintain the Account is concluded for an indefinite period between the Service Recipient and the Service Provider under the terms outlined in these Regulations.

  5. The Service Provider begins providing the Account maintenance service under the terms defined in these Regulations immediately after the agreement to maintain the Account is concluded.

  6. The Service Recipient can cancel their Account at any time without incurring any costs.

  7. Deleting the Account results in the termination of the agreement to maintain the Account. To delete the Account, the Service Recipient must send their resignation to the Service Provider’s email address provided in § 2 of these Regulations, which will result in the immediate deletion of the Account and termination of the agreement to maintain the Account.

§ 5 COMPLAINTS
I GENERAL PROVISIONS

  1. The Service Provider requests that complaints regarding the Account be submitted to the postal or email address indicated in § 2 of these Regulations.

  2. The Service Provider will respond to the complaint within 14 days of receiving the complaint notification.

    II PRIVILEGED SERVICE RECIPIENTS

  3.  The Service Provider is responsible towards the Privileged Service Recipient for the compliance of the service with the agreement, as stipulated by applicable law, including in particular the provisions of the Consumer Rights Act.

  4. In case of improper performance of the agreement to maintain the Account by the Service Provider, the Privileged Service Recipient has the right to use the rights regulated in Chapter 5b of the Consumer Rights Act.
  5. If the Service Provider fails to deliver the digital service, the Privileged Service Recipient may request delivery. If the Service Provider still fails to deliver the digital service promptly or within a mutually agreed deadline, the Privileged Service Recipient may withdraw from the agreement to maintain the Account.
  6. The Privileged Service Recipient may withdraw from the agreement to maintain the Account without calling for the delivery of the digital service if:
    a. The Service Provider’s statement or the circumstances clearly indicate that the digital service will not be delivered, or
    b. The Service Recipient and the Service Provider agreed, or the circumstances of the conclusion of the agreement clearly indicate, that the specified delivery date for the digital service was of significant importance to the Privileged Service Recipient, and the Service Provider failed to deliver it by that date.
  7. The Service Provider is responsible for the lack of compliance with the agreement to maintain the Account of a digital service delivered continuously, which occurred or revealed during the period when the service should have been delivered according to the agreement.
  8. If the digital service is not in compliance with the agreement to maintain the Account, the Privileged Service Recipient may demand that the service be brought into compliance with the agreement.
  9. In case of lack of compliance of the digital service with the agreement to maintain the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, in determining whether the non-compliance of the digital service with the agreement results from the characteristics of the Privileged Service Recipient’s digital environment.
  10. Additionally, if the digital service is not in compliance with the agreement to maintain the Account, the Privileged Service Recipient may withdraw from the agreement if:
    a. Bringing the digital service into compliance with the agreement is impossible or involves excessive costs as per Articles 43m, paragraphs 2 and 3 of the Consumer Rights Act;
    b. The Service Provider did not bring the digital service into compliance with the agreement within a reasonable time after being informed by the Privileged Service Recipient of the non-compliance, without undue inconvenience for the Privileged Service Recipient, considering the nature and purpose of the digital service;
    c. The non-compliance persists even though the Service Provider attempted to bring the service into compliance;
    d. The non-compliance is so significant that it justifies withdrawal from the agreement without prior use of the remedy defined in Article 43m of the Consumer Rights Act (i.e., demanding that the digital service be brought into compliance);
    e. The Service Provider’s statement or the circumstances clearly indicate that they will not bring the digital service into compliance within a reasonable time or without undue inconvenience to the Privileged Service Recipient.

III ALTERNATIVE DISPUTE RESOLUTION AND CLAIMS ENFORCEMENT
11. The Service Provider informs the Consumer about the possibility of using alternative methods of complaint resolution and claim enforcement. Information about accessing these procedures is available at the offices or websites of entities authorized to resolve disputes out of court. The Consumer may use, among others:

o Assistance from the relevant European Consumer Center in the European Consumer Centers Network. These centers provide information about consumer rights and help resolve cross-border disputes. The assistance is generally free. A list of the relevant Consumer Centers for each country can be found at: https://konsument.gov.pl/eck-w-europie/
o The Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr

  1. However, the ability to file complaints via the ODR platform will expire on March 20, 2025.
    Additionally, in Poland, the following forms of support are available:
    o Mediation provided by the relevant Provincial Inspectorate of Commercial Inspection, to which one must apply for mediation. Generally, this procedure is free. The list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    o Assistance from the relevant permanent consumer arbitration court operating at the Provincial Inspectorate of Commercial Inspection, where one must apply for the matter to be considered by the arbitration court. Generally, this procedure is free. The list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa

  2. The above provision is informational and does not constitute an obligation for the Service Provider to use out-of-court dispute resolution methods.

  3. The use of out-of-court dispute resolution methods is voluntary for both the Service Provider and the Consumer.

  4. The Consumer may also benefit from free assistance from a local or district consumer ombudsman.

 § 6 RIGHT TO WITHDRAW FROM THE CONTRACT

  1. The privileged service user has the right to withdraw from the contract concluded with the service provider for account management within 14 days without providing any reason.

  2. The deadline for withdrawing from the account management contract expires 14 days after the conclusion of the contract.

  3. In order to exercise the right to withdraw from the contract, the privileged service user must inform the service provider of their decision to withdraw from the contract through an explicit statement (for example, a letter sent by post or by email) using the contact details provided in § 2 of the Regulations.

  4. The privileged service user may use the withdrawal form template included at the end of the Regulations, but this is not obligatory.

  5. To meet the withdrawal deadline, it is sufficient for the privileged service user to send the information about the exercise of their right to withdraw from the contract before the withdrawal period expires.

§ 7 PERSONAL DATA

  1. The administrator of the personal data provided by the service user in connection with the conclusion of the account management contract is the service provider. Detailed information about the processing of personal data by the service provider – including the purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the store, in line with the transparency principle stated in the General Data Protection Regulation (EU) – "GDPR."

  2. The purpose of processing the user's data is to manage the account. The legal basis for data processing in this case is the contract for account management or actions taken at the request of the user aimed at concluding it (art. 6 sec. 1 letter b GDPR), as well as the legitimate interest of the service provider, which consists of processing data to establish, pursue, or defend potential claims (art. 6 sec. 1 letter f GDPR).

  3. Providing data by the service user is voluntary but necessary to conclude the account management contract and provide the services covered by it. Failure to provide data means that the account management contract cannot be concluded, and the service provider will not be able to provide the services covered by it.

  4. The user's data will be processed until:
    a. the account management contract expires;
    b. the possibility of pursuing claims by the service user or service provider related to the account ends;
    c. the service user objects to the processing of their personal data – in the case where the legal basis for processing was the legitimate interest of the service provider – depending on which applies in a particular case.

  5. The service user has the right to request:
    a. access to their personal data,
    b. rectification,
    c. erasure,
    d. restriction of processing,
    e. data transfer to another administrator,
    as well as the right to:
    f. object at any time to the processing of data for reasons related to the user's particular situation – to the processing of their personal data based on art. 6 sec. 1 letter f GDPR (i.e., on the legitimate interests pursued by the service provider).

  6. To exercise their rights, the service user should contact the service provider.

  7. If the service user believes that their data is being processed unlawfully, they may file a complaint with the supervisory authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE REGULATIONS OR ACCOUNT

  1. The service provider reserves the right to change the Regulations only for important reasons. An important reason is understood to be the need to modify the Regulations due to:
    a. a change in the functionality of the account, requiring modification of the Regulations, or
    b. a change in the law that affects the performance of the account management contract by the service provider, or adjustments to services based on recommendations, guidelines, orders, prohibitions, rulings, decisions, or interpretations by competent public authorities, or
    c. a change in the contact or identification details of the service provider.

  2. Information about the planned change to the Regulations will be sent to the user's email address associated with the account at least 7 days before the changes take effect.

  3. If the service user does not object to the planned changes before they take effect, it is assumed that they accept them, which does not prevent the termination of the contract in the future.

  4. If the service user does not accept the planned changes, they should send information to the service provider's email address provided in § 2 of the Regulations, which will result in the termination of the account management contract as soon as the planned changes take effect.

  5. The service provider may make a change to the account that is not necessary to maintain its compliance with the account management contract, for the reasons stated in sec. 1 letter b or due to a change in the functionality of the account. The introduction of such a change will not incur any costs for the privileged service user. Provisions in sec. 2–4 apply accordingly.

  6. If the change referred to in sec. 5 significantly and negatively impacts the privileged service user's access to or use of the account, the service provider will send the user an email in advance, on a durable medium, providing information about the change's features, timing, and the rights the user has in connection with the change.

§ 9 FINAL PROVISIONS

  1. The service user is prohibited from providing illegal content.

  2. The account management contract is concluded in Polish.

  3. The contract concluded based on these Regulations is subject to Polish law, subject to sec. 4.

  4. The choice of Polish law for a contract concluded based on these Regulations with a consumer does not affect or limit the consumer's rights under mandatory provisions of the law that apply to the consumer in cases where there is no choice of law. This means that if national provisions applicable to a given consumer provide broader protection than that resulting from these Regulations or Polish law – this broader protection will apply.

  5. In the event of a dispute with a service user who is not a privileged service user, related to the account management contract, the court competent will be the court having jurisdiction over the service provider's registered office.

Attachment 1 to the Regulations
Below is a template of the withdrawal form, which the consumer or privileged entrepreneur may use but is not obligated to:

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


Pracownia Horeca Maria Wysocka
ul. Amazonitowa 18, 91-360 Łódź
email address: biuro@pracowniahoreca.pl

  • I/We(*) … herewith inform/inform us(*) about my/our withdrawal from the contract for the provision of the following service(*) / the supply of digital content in the form of(*):

…..............................................................................................................................

  • Date of conclusion of the contract(*):

…..............................................................................................................................

  • Name and surname of the consumer(s) / privileged entrepreneur(s):

…..............................................................................................................................

  • Address of the consumer(s) / privileged entrepreneur(s):



............................................................................................…

Signature of the consumer(s) / privileged entrepreneur(s)
(only if the form is sent in paper form)

Date ......................................................................
(*) Delete as appropriate.

 

 

 

Newsletter Terms and Conditions
in the Pracownia Horeca Store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Service Provider
§ 3 Technical Requirements
§ 4 Agreement
§ 5 Complaints
§ 6 Right to Withdraw from the Agreement
§ 7 Personal Data
§ 8 Changes to the Terms and Conditions or Newsletter
§ 9 Final Provisions

§ 1 DEFINITIONS
Consumer – A Service Recipient who is an individual who has entered into an Agreement or is taking steps to enter into an Agreement, without any direct link to their business or professional activity.
Newsletter – messages about the Store, including information on offers, promotions, and news in the Store, provided free of charge to the Service Recipient by the Service Provider under the Agreement, constituting digital content as defined in the Consumer Rights Act.
Privileged Entrepreneur – A Service Recipient who is an individual entering into an Agreement (or taking steps to do so) directly related to their business activity but not of a professional nature.
Regulations – these terms and conditions.
Store – the online store Pracownia Horeca run by the Service Provider at https://pracowniahoreca.pl.
Agreement – an agreement for the delivery of the Newsletter.
Service Recipient – any entity that has entered into an Agreement or is taking steps to enter into one.
Privileged Service Recipient – A Service Recipient who is a Consumer or Privileged Entrepreneur.
Service Provider – Maria Wysocka, an entrepreneur conducting business under the name Pracownia Horeca Maria Wysocka, entered into the Central Register and Information on Economic Activity led by the minister responsible for economy and the Central Register and Information on Economic Activity, NIP 7281878808, REGON number 473077660, Amazonitowa Street 18, 91-360 Łódź.
Consumer Rights Act – the Polish Act of May 30, 2014, on Consumer Rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Mailing address: ul. Amazonitowa 18, 91-360 Łódź

  2. Email address: biuro@pracowniahoreca.pl

  3. Phone: 508092085

  4. The cost of a telephone connection or data transmission made by the Service Recipient is determined by the basic tariff of the telecommunications operator or the internet service provider used by the Service Recipient. The Service Provider draws attention to the fact that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmissions, depending on the tariff set by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

  1. To access the digital content covered by the Regulations, the following are required:

    • An active email account;

    • A device with internet access;

    • A web browser supporting JavaScript and cookies.

§ 4 AGREEMENT

  1. The Service Recipient can voluntarily subscribe to the Newsletter.

  2. To receive the Newsletter, it is necessary to enter into an Agreement.

  3. Emails sent under the Agreement will be directed to the email address provided by the Service Recipient at the time of entering into the Agreement.

  4. To enter into the Agreement, the Service Recipient must first provide their email address in the designated area of the Store where they want to receive messages sent under the Agreement. Upon signing up for the Newsletter, an Agreement is concluded for an indefinite period, and the Service Provider will begin to perform it for the Service Recipient, subject to paragraph 5.

  5. To properly execute the Agreement, the Service Recipient is obliged to provide their correct email address.

  6. The Newsletter will be delivered immediately after the Service Provider creates messages intended for Service Recipients.

  7. The messages sent under the Newsletter will contain information on how to unsubscribe, as well as a link to unsubscribe.

  8. The Service Recipient can unsubscribe from the Newsletter at any time, without providing any reason or incurring any costs, using the option mentioned in the previous provision or sending a message to the Service Provider’s email address provided in § 2 of the Regulations.

  9. Using the unsubscribe link or sending a message requesting to unsubscribe will result in the immediate termination of the Agreement.

§ 5 COMPLAINTS
I GENERAL PROVISIONS

  1. The Service Provider requests that complaints regarding the digital content covered by the Regulations be submitted to the postal or email address provided in § 2 of the Regulations.

  2. The Service Provider will respond to complaints within 14 days from receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS
3. The Service Provider is responsible to the Privileged Service Recipient for the conformity of the performance with the Agreement, as stipulated by applicable law, especially the Consumer Rights Act.
4. In the case of improper execution of the Agreement by the Service Provider, the Privileged Service Recipient has the right to exercise the rights specified in Chapter 5b of the Consumer Rights Act.
5. If the Service Provider fails to deliver the digital content covered by the Agreement, the Privileged Service Recipient may request its delivery. If the Service Provider still fails to deliver the digital content promptly or within an additional, clearly agreed deadline between the Service Recipient and the Service Provider, the Privileged Service Recipient may withdraw from the Agreement.
6. The Privileged Service Recipient may withdraw from the Agreement without requiring the delivery of digital content covered by the Agreement if:

  • It is evident from the Service Provider’s statement or circumstances that the digital content will not be delivered, or

  • The Service Recipient and the Service Provider agreed, or it is clear from the circumstances of the Agreement, that a specific deadline for the delivery of the digital content was crucial to the Privileged Service Recipient, and the Service Provider failed to deliver it within this deadline.

III ALTERNATIVE DISPUTE RESOLUTION AND CLAIMS
11. The Service Provider informs the Consumer of the possibility of using alternative dispute resolution methods and claiming rights. Access to these procedures is available at the offices or websites of entities authorized to resolve disputes out of court. The Consumer can use, among others:

  • Assistance from the appropriate European Consumer Centre from the European Consumer Centres Network. These Centres provide information on consumer rights and help resolve disputes in cross-border purchases. The help of European Consumer Centres is generally free. A 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

  • The ODR complaint filing possibility will expire on March 20, 2025.

§ 6 RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. The Privileged Service Recipient has the right to withdraw from the Agreement with the Service Provider within 14 days without providing any reason.

  2. The withdrawal period expires 14 days after the conclusion of the Agreement.

  3. To exercise the right to withdraw, the Privileged Service Recipient must inform the Service Provider, using the details provided in § 2 of the Regulations, of their decision to withdraw from the Agreement through an unequivocal statement (e.g., letter sent by post or email).

  4. The Privileged Service Recipient can use the withdrawal form provided at the end of the Regulations, but it is not mandatory.

  5. To meet the withdrawal deadline, the Service Recipient needs only to send the information regarding the exercise of their right to withdraw before the expiration of the withdrawal period.

    § 7 PERSONAL DATA

    1. The administrator of the personal data provided by the Service Recipient in connection with the Agreement is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider, including the purposes and legal bases for processing, as well as recipients of the data, can be found in the privacy policy available in the Store – in accordance with the principle of transparency laid down in the general regulation of the European Parliament and Council (EU) on data protection – "GDPR."

    2. The purposes of processing the Service Recipient's data are:

      • Execution of the Agreement; the legal basis for processing personal data in this case is the Agreement or actions taken at the request of the Service Recipient aimed at entering into the Agreement (Art. 6(1)(b) GDPR);

      • Analysis of the effectiveness of messages sent under the Agreement, in order to determine the general principles for effective delivery in the Service Provider's operations; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Art. 6(1)(f) GDPR);

      • Determining, pursuing, or defending any claims related to the Agreement; the legal basis for processing personal data for this purpose is the legitimate interest of the Service Provider (Art. 6(1)(f) GDPR).

    3. Providing data by the Service Recipient is voluntary, but necessary for entering into the Agreement and delivering the digital content covered by the Agreement. Failure to provide the data will result in the inability to enter into the Agreement, and the Service Provider will not deliver the digital content covered by the Agreement.

    4. The Service Recipient's data will be processed until:
      a. The Agreement ceases to be in effect;
      b. The possibility of pursuing claims by the Service Recipient or the Service Provider, related to the Agreement, ceases;
      c. The Service Recipient's objection to processing their personal data is accepted – if the processing was based on the legitimate interest of the Service Provider – depending on what applies in the given case.

    5. The Service Recipient has the right to request:

      • Access to their personal data,

      • Rectification,

      • Deletion,

      • Limitation of processing,

      • Transfer of data to another administrator,
        as well as the right to:

      • Object at any time to the processing of their data due to a specific situation, based on the legitimate interests pursued by the Service Provider (Art. 6(1)(f) GDPR).

    6. To exercise their rights, the Service Recipient should contact the Service Provider.

    7. If the Service Recipient believes that their data is being processed unlawfully, they may file a complaint with the relevant supervisory authority for data protection. In Poland, this is the President of the Personal Data Protection Office.

    § 8 CHANGES TO THE REGULATIONS OR NEWSLETTER

    1. The Service Provider reserves the right to change the Regulations only for important reasons. An important reason is understood as the need to change the Regulations due to:
      a. Changes in the functionality of the Newsletter, requiring modification of the Regulations, or
      b. Changes in the law affecting the execution of the Agreement by the Service Provider, or adapting services to recommendations, guidelines, orders or bans, judgments, provisions, interpretations, or decisions of competent public authorities, or
      c. Changes to the contact or identification details of the Service Provider.

    2. Information about the planned change to the Regulations will be sent to the Service Recipient's email address provided at the time of entering into the Agreement, at least 7 days before the changes come into effect.

    3. If the Service Recipient does not object to the planned changes by the time they come into effect, it is assumed that they accept them, which does not preclude the possibility of terminating the Agreement in the future.

    4. If the Service Recipient does not accept the planned changes, they should send information to this effect to the email address of the Service Provider provided in § 2 of the Regulations, which will result in the termination of the Agreement when the planned changes come into effect.

    5. The Service Provider may make changes to the Newsletter that are not necessary to ensure its compliance with the Agreement, due to the reasons outlined in paragraph 1(b) or because of changes in the functionality of the Newsletter. The introduction of such changes will not incur any costs for the Privileged Service Recipient. Provisions of § 2-4 apply accordingly.

    6. If a change mentioned in the previous provision significantly and negatively affects the Privileged Service Recipient's access to or use of the Newsletter, the Service Provider will send the Privileged Service Recipient, in advance, a notice about the nature and date of the change, as well as the rights related to this change.

    § 9 FINAL PROVISIONS

    1. It is prohibited for the Service Recipient to provide unlawful content.

    2. The Agreement is concluded in Polish.

    3. The Agreement concluded under these Regulations is subject to Polish law, with the exception of paragraph 4.

    4. The choice of Polish law for an Agreement concluded with a Consumer under these Regulations does not waive or limit the rights of the Consumer granted to them under mandatory legal provisions applicable to that Consumer, in situations where no choice of law is made. This means, in particular, that if the national law applicable to a given Consumer provides broader protection than that resulting from these Regulations or Polish law, the broader protection will apply.

    5. In the event of a dispute with a Service Recipient who is not a Privileged Service Recipient, related to the Agreement, the court competent will be the court having jurisdiction over the Service Provider's seat.

    Attachment No. 1 to the Regulations

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

    WITHDRAWAL FORM SAMPLE
    (This form must be filled out and returned only if the Consumer or Privileged Entrepreneur wants to withdraw from the Agreement)

    Pracownia Horeca Maria Wysocka
    ul. Amazonitowa 18, 91-360 Łódź
    Email address: biuro@pracowniahoreca.pl

    • I/We (*)................................................................................................. hereby inform you of my/our withdrawal from the Agreement for the provision of the following service (*) / delivery of digital content in the form of (*):
      ...........................................................................................................................................................

    • Date of Agreement conclusion (*):
      ............................................................................................................................................................

    • Name(s) of the Consumer(s) / Privileged Entrepreneur(s):
      ............................................................................................................................................................

    • Address of the Consumer(s) / Privileged Entrepreneur(s):
      ............................................................................................................................................................

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

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

    Date:
    (*) Delete as appropriate.

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