Account Regulations

Account Terms and Conditions

at MiCoreShop

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

§ 1 DEFINITIONS

Consumer – A Service Recipient who is a natural person and has entered into an Account management agreement under these Terms and Conditions or is taking steps to enter into such an agreement, without direct connection to their business or professional activity.
Account – A digital service as defined by the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, allowing the Service Recipient to use additional functions in the Store.
Privileged Entrepreneur - A Service Recipient who is a natural person entering into an Account management agreement (or taking steps to enter into one) under these Terms and Conditions, directly related to their business activity, but not having a professional character for them.
Terms and Conditions - These Account terms and conditions.
Store – The MiCoreShop online store operated by the Service Provider at https://micoreshop.pl
Service Recipient - Any entity that has entered into an Account management agreement or is taking steps to enter into one.
Privileged Service Recipient – A Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider - Unregistered business MiCoreShop Bogumiła Rożek; ul. Bałdyka 9, 44-240, Żory, Poland.
Consumer Rights Act – The Polish Act of May 30, 2014, on consumer rights.

§ 2 CONTACT WITH THE SERVICE PROVIDER

  1. Postal address: ul. Bałdyka 9, 44-240, Żory, Poland
  2. E-mail address: 6micore6@gmail.com
  3. Phone: +48 737 987 325
  4. The cost of a phone call or data transmission made by the Service Recipient results from the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Service Recipient uses.

§ 3 TECHNICAL REQUIREMENTS

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

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and depends on the Service Recipient's will.
  2. The Account provides the Service Recipient with additional functionalities, such as: viewing the history of orders placed by the Service Recipient in the Store, checking order status, or independently editing the Service Recipient's data.
  3. To create an Account, fill out the appropriate form in the Store.
  4. Upon Account creation, an indefinite-term agreement for Account management is concluded between the Service Recipient and the Service Provider on the terms specified in these Terms and Conditions.
  5. The Service Provider begins providing the Account management service on the terms specified in these Terms and Conditions immediately after the conclusion of the Account management agreement.
  6. The Service Recipient may cancel the Account at any time without incurring any costs.
  7. Account deletion results in the termination of the Account management agreement. To delete the Account by the Service Provider, the Service Recipient should send their resignation from the Account to the Service Provider's e-mail address provided in § 2 of these Terms and Conditions, which will result in immediate Account deletion and termination of the Account management agreement.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

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

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is liable to the Privileged Service Recipient for the conformity of the service with the agreement, as provided by generally applicable legal provisions, including in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance of the Account management agreement by the Service Provider, the Privileged Service Recipient has the option to exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not delivered the digital service, the Privileged Service Recipient may call on the Service Provider to deliver it. If, despite this, the Service Provider does not deliver the digital service immediately or within an additional period explicitly agreed upon by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the Account management agreement.
  4. The Privileged Service Recipient may withdraw from the Account management agreement without calling for the delivery of the digital service if:
    1. the Service Provider's statement or circumstances clearly indicate that they will not deliver the digital service, or
    2. the Privileged Service Recipient and the Service Provider have agreed or it is clear from the circumstances of the conclusion of the Account management agreement that a specific delivery date for the digital service was essential for the Privileged Service Recipient, and the Service Provider failed to deliver it by that date.
  5. The Service Provider is responsible for any lack of conformity of the continuously supplied digital service with the Account management agreement that occurred or became apparent during the period in which the service was to be supplied according to that agreement.
  6. If the digital service does not conform to the Account management agreement, the Privileged Service Recipient may demand that it be brought into conformity with that agreement.
  7. In the event of non-conformity of the digital service with the Account management agreement, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means for them, to determine whether the non-conformity of the digital service with the Account management agreement in a timely manner results from the characteristics of the Privileged Service Recipient's digital environment.
  8. Additionally, if the digital service does not conform to the Account management agreement, the Privileged Service Recipient may submit a declaration of withdrawal from that agreement if:
    1. bringing the digital service into conformity with the Account management agreement is impossible or would incur excessive costs as per Article 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has failed to bring the digital service into conformity with the Account management agreement within a reasonable time from the moment the Service Provider was informed by the Privileged Service Recipient about the non-conformity, and without undue inconvenience for the Privileged Service Recipient, taking into account the nature and purpose of that digital service for which it is used;
    3. the non-conformity of the digital service with the Account management agreement persists despite the Service Provider's attempts to bring the digital service into conformity with that agreement;
    4. the non-conformity of the digital service with the Account management agreement is significant enough to justify withdrawal from the Account management agreement without prior resort to the remedy specified in Article 43m of the Consumer Rights Act (i.e., a demand to bring the digital service into conformity with the agreement);
    5. the Service Provider's statement or circumstances clearly indicate that they will not bring the digital service into conformity with the Account management agreement within a reasonable time or without undue inconvenience for the Privileged Service Recipient.

III OUT-OF-COURT METHODS OF COMPLAINT RESOLUTION AND CLAIM PURSUIT

  1. The Service Provider informs the Consumer about the possibility of using out-of-court methods for resolving complaints and pursuing claims. Rules for accessing these procedures are available at the offices or websites of entities authorized to conduct out-of-court dispute resolution. The Consumer may use, among others:
    • the assistance of the relevant European Consumer Centre from the European Consumer Centres Network. The Centres provide information on consumer rights and help resolve disputes in cross-border purchases. The assistance of European Consumer Centres is generally free of charge. A list of Consumer Centres appropriate for a given 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
      - noting that the possibility of submitting complaints via the ODR platform expires on March 20, 2025.
    In addition, in the Republic of Poland, the following forms of support can be used:
    • mediation conducted by the territorially competent Voivodeship Inspectorate of Trade Inspection, to which an application for mediation should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • the assistance of the territorially competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should 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
  2. The preceding provision is for informational purposes 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 methods for resolving complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  4. The Consumer may additionally use the free assistance of a municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

  1. The Privileged Service Recipient has the right to withdraw from the Account management agreement concluded with the Service Provider within 14 days without giving any reason.
  2. The withdrawal period for the Account management agreement expires after 14 days from the date of concluding this agreement.
  3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the data provided in § 2 of these Terms and Conditions, of their decision to withdraw from the agreement by means of an unequivocal statement (for example, a letter sent by post or e-mail).
  4. The Privileged Service Recipient may use the model withdrawal form included at the end of these Terms and Conditions, but this is not mandatory.
  5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of their right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

  1. The Service Provider is the administrator of personal data provided by the Service Recipient in connection with the conclusion of the Account management agreement. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store – due to the principle of transparency, contained in the general data protection regulation of the European Parliament and of the Council (EU) – "GDPR".
  2. The purpose of processing the Service Recipient's data is to manage the Account. The legal basis for processing personal data in this case is the Account management agreement or actions taken at the Service Recipient's request aimed at its conclusion (Article 6(1)(b) GDPR), as well as the Service Provider's legitimate interest, consisting of processing data for the purpose of establishing, pursuing or defending potential claims (Article 6(1)(f) GDPR).
  3. The provision of data by the Service Recipient is voluntary, but at the same time necessary for the conclusion of the Account management agreement and the provision of services covered by it. Failure to provide data means that the Account management agreement cannot be concluded, and the Service Provider will not be able to provide the services covered by it.
  4. The Service Recipient's data will be processed until:
    1. the Account management agreement ceases to be in force;
    2. the possibility of pursuing claims by the Service Recipient or Service Provider related to the Account expires;
    3. the Service Recipient's objection to the processing of their personal data is accepted – in cases where the basis for data processing was the Service Provider's legitimate interest
    – depending on what applies in a given case.
  5. The Service Recipient has the right to request:
    1. access to their personal data,
    2. their rectification,
    3. erasure,
    4. restriction of processing,
    5. data portability to another controller
      as well as the right to:
    6. object at any time, on grounds relating to the Service Recipient's particular situation, to the processing of personal data concerning them, which is based on Article 6(1)(f) GDPR (i.e., on the legitimate interests pursued by the Service Provider).
  6. To exercise their rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient considers that their data is being processed unlawfully, the Service Recipient may lodge a complaint with the authority competent for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS AND CONDITIONS OR ACCOUNT

  1. The Service Provider reserves the right to change the Terms and Conditions only for important reasons. An important reason is understood as the necessity to change the Terms and Conditions caused by:
    1. a change in the functionality of the Account requiring modification of the Terms and Conditions or
    2. a change in legal regulations affecting the Service Provider's performance of the Account management agreement or adaptation of services to recommendations, guidelines, orders, prohibitions, rulings, provisions, interpretations, or decisions of authorized public authorities or
    3. a change in the Service Provider's contact or identification data.
  2. Information about the planned change to the Terms and Conditions will be sent to the Service Recipient's e-mail address assigned to the Account at least 7 days before the changes come into effect.
  3. If the Service Recipient does not object to the planned changes before they come into effect, it is assumed that they accept them, which does not constitute any obstacle to the termination of the agreement in the future.
  4. In case of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address provided in § 2 of these Terms and Conditions, which will result in the termination of the Account management agreement upon the entry into force of the planned changes.
  5. The Service Provider may make changes to the Account that are not necessary to maintain its conformity with the Account management agreement, for the reason indicated in paragraph 1 lit. b or due to a change in the Account's functionality. The introduction of the change referred to in the preceding sentence will not entail any costs for the Privileged Service Recipient. Provisions of paragraphs 2-4 shall apply accordingly.
  6. If the change referred to in paragraph 5 significantly and negatively affects the Privileged Service Recipient's access to or use of the Account, the Service Provider will send, sufficiently in advance, on a durable medium, information about the characteristics and date of such change, and the rights of the Privileged Service Recipient in connection with that change, to the Privileged Service Recipient's email address.

§ 9 FINAL PROVISIONS

  1. It is forbidden for the Service Recipient to provide unlawful content.
  2. The Account management agreement is concluded in Polish.
  3. The agreement concluded on the basis of these Terms and Conditions is governed by Polish law, subject to paragraph 4.
  4. The choice of Polish law for an agreement concluded on the basis of these Terms and Conditions with a Consumer does not derogate from or limit the Consumer's rights under mandatory legal provisions applicable to the Consumer in a situation where no choice of law is made. This means, in particular, that if the national provisions applicable to a given Consumer provide for broader protection than that resulting from these Terms and Conditions or Polish law – that broader protection shall apply.
  5. In the event of any dispute with a Service Recipient who is not a Privileged Service Recipient, related to the Account management agreement, the competent court will be the court appropriate for the Service Provider's registered office.
  6. Any liability of the Service Provider in connection with the Account management agreement with respect to a Service Recipient who is not a Privileged Service Recipient is excluded to the extent permitted by law.
  7. Regarding the use of the Store's website and its available functions, the Website Terms and Conditions, available in the Store, shall apply.

Appendix No. 1 to the Terms and Conditions

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

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

Unregistered business MiCoreShop Bogumiła Rożek
ul. Bałdyka 9, 44-240, Żory, Poland
e-mail address: 6micore6@gmail.com

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

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

(*) Delete as appropriate.