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ONLINE STORE REGULATIONS FRAGRANA.COM

TABLE OF CONTENTS:

  1. General Information
  2. Digital Services in the Online Store
  3. Terms of Concluding Sales Agreements
  4. Payment Methods and Deadlines
  5. Delivery Costs, Methods, and Deadlines
  6. Complaint Submission and Handling Procedure
  7. Alternative Dispute Resolution and Claims Procedures
  8. Right of Withdrawal from the Agreement
  9. Provisions for Entrepreneurs
  10. Product Reviews
  11. Prohibition of Publishing Content in Violation of the Regulations
  12. Final Provisions
  13. Sample Withdrawal Form

1. GENERAL PROVISIONS

The online store available at www.fragrana.com is operated by TATRARENT Kacper Zajko, based in Zakopane, Poland (correspondence address: Huty 1C, 34-500 Zakopane, Poland). The company is registered in the Register of Entrepreneurs; its NIP (Tax Identification Number) is 7361737694, REGON (Business Identification Number) is 520070200. Bank account number: 39 2490 0005 0000 4530 0052 1919.

Contact can be made via email at hello@fragrana.com or by phone.

1.1. Definitions:

  • Business Day: Any day from Monday to Friday, excluding public holidays.
  • Registration Form: An interactive service allowing users to create an account.
  • Order Form: An online tool enabling order placement.
  • Customer: An individual or business entity making purchases in the online store.
  • Civil Code: The Act of April 23, 1964, regulating legal obligations.
  • Account: A user account storing customer data and order history.
  • Product: Any item offered for sale in the online store.
  • Regulations: This document outlining the rules of the online store.
  • Online Store: The sales platform available at www.fragrana.com.
  • Seller / Service Provider: TATRARENT Kacper Zajko.
  • Sales Agreement: A contract concluded between the Customer and the Seller.
  • Electronic Service: Any digital service provided by the Seller.
  • Service Recipient: Any entity using the online store.
  • Consumer Rights Act: The Act dated May 30, 2014, regulating consumer rights.
  • Order: A declaration of intent by the Customer to purchase a Product.
  • Digital Services Act: EU Regulation (EU) 2022/2065 regarding digital services.
  • Illegal Content: Any information not compliant with EU law.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

The following Electronic Services are available:

2.1. Account

Creating an account requires:

  1. Filling out the Registration Form.
  2. Clicking the “Create Account” button.
  3. Confirming registration via an activation link.

The Account service is free and indefinite. Users can delete their accounts by emailing hello@fragrana.com. The Seller may delete inactive accounts after 2 years.

2.2. Order Form

Using this feature starts when adding a Product to the cart. The order is placed after:

  1. Filling out the form.
  2. Clicking “Order and Pay”.

Required details:

  • First name, last name, or company name
  • Address
  • Email address
  • Phone number
  • Order details (product, quantity, delivery method, payment method)

2.3. Technical Requirements

To use the store, the following are required:

  • A device with internet access.
  • An active email account.
  • An updated web browser (Firefox, Chrome, Safari, Opera, Edge).
  • A minimum screen resolution of 1024×768.
  • Enabled cookies and JavaScript.

For full complaint procedures, refer to Section 6 of the Regulations.

3. TERMS OF CONCLUDING A SALES AGREEMENT

3.1. The owner of the FRAGRANA® brand operates a selective distribution system, meaning that products are intended exclusively for end customers and authorized distributors. Products may not be resold. A sales agreement is concluded upon the submission of an order via the Order Form.

3.2. All prices listed in the Online Store are in Polish zloty (PLN) and include VAT. The final amount also includes delivery costs, which are displayed before order confirmation.

3.3. Procedure for concluding a sales agreement:

3.3.1. A sales agreement is concluded when the customer places an order in accordance with Section 2.1.2 of these Terms.

3.3.2. After placing an order, the Seller immediately sends an email confirmation acknowledging receipt and acceptance of the order. The sales agreement is officially concluded once the customer receives this confirmation.

3.4. The content of the sales agreement is stored and made available to the customer through:

  • The publication of these Terms and Conditions on the Online Store website.
  • Sending an order confirmation to the email address provided by the customer.

4. PAYMENT METHODS AND DEADLINES

4.1. The available payment methods for the sales agreement are displayed to the customer while placing an order via the Order Form. Additional details can be found in the “Shipping & Payments” section on the website. Changes to payment methods or shipping do not require modifications to these Terms.

4.2. Payment deadline:

4.2.1. If the customer selects electronic payment or payment by card, the payment must be completed within 1 calendar day from the conclusion of the sales agreement.

5. DELIVERY COSTS, METHODS, AND TIMEFRAMES

5.1. Product delivery is available throughout Poland.

5.2. Delivery costs are calculated based on the pricing available in the “Shipping & Payments” section on the website. In certain cases, the sales agreement may include free delivery. The exact transportation, shipping, and postal service costs are displayed to the customer before finalizing the order.

5.3. The maximum delivery time is 14 business days, unless a shorter timeframe is specified in the product description. If multiple products with different delivery times are purchased, the longest stated delivery time applies; however, it will not exceed 14 business days.

5.3.1. The delivery time begins as follows:

  • For bank transfer, electronic payment, or card payment – from the date the payment is credited to the Seller’s bank account.

6. COMPLAINT PROCEDURE

6.1. This section outlines the procedure for submitting complaints related to Products, Sales Agreements, Electronic Services, and other matters concerning the Online Store.

6.2. The Seller’s liability is regulated by applicable law, including the Civil Code, the Consumer Rights Act, and the Act on Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended).

6.3. Complaints may be submitted in the following ways:

  • By mail to:
    TATRARENT Kacper Zajko, Huty 1C, 34-500 Zakopane, Poland.
  • By email at: hello@fragrana.com.

6.4. If returning a Product as part of a complaint, it must be sent to:
TATRARENT Kacper Zajko, Huty 1C, 34-500 Zakopane, Poland.

6.5. To expedite the complaint process, customers are advised to provide:

  1. Details of the issue, including the date and description of the defect.
  2. The preferred resolution, such as repair, replacement, refund, or another form of compensation.
  3. Contact information to facilitate communication.

Providing these details is optional and does not affect the validity of the complaint.

6.6. If the customer’s contact details change during the complaint process, they must notify the Seller immediately.

6.7. Customers may submit evidence to support their complaint (e.g., photos, documents, or the product itself). The Seller may also request additional materials (such as photos) to facilitate resolution.

6.8. The Seller will respond to the complaint without delay, but no later than 14 calendar days from receipt.

7. ALTERNATIVE DISPUTE RESOLUTION (ADR) AND CLAIM SETTLEMENT PROCEDURES

7.1. Detailed information on alternative consumer dispute resolution methods is available on the Office of Competition and Consumer Protection (UOKiK) website:
https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.

7.2. Consumers may seek assistance from the contact point at the President of the Office of Competition and Consumer Protection, which provides support for out-of-court dispute resolution.

Contact details:

7.3. Examples of alternative dispute resolution methods:

  1. Submitting a dispute resolution request to the Permanent Consumer Arbitration Court.
    (More information)
  2. Approaching the Regional Trade Inspectorate.
    (Details available on regional inspectorates’ websites)
  3. Seeking assistance from municipal or district consumer advocates or organizations such as the Consumer Federation or the Polish Consumers Association.

For further assistance, contact:

  • Email: porady@dlakonsumentow.pl
  • Consumer Helpline: 801 440 220
    (Available on weekdays from 8:00 AM – 6:00 PM, call charges depend on the operator’s rates)

7.4. Consumers can also resolve disputes through the European Online Dispute Resolution (ODR) platform:
http://ec.europa.eu/consumers/odr.
More details:
https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.

7.5. The Seller does not participate in any out-of-court consumer dispute resolution procedures.

8. RIGHT TO WITHDRAW FROM THE CONTRACT

8.1. Right of Withdrawal for Distance Contracts

A consumer entering into a distance contract has the right to withdraw from it within 14 calendar days without providing a reason or incurring any costs, except for those specified in section 8.8 of the Terms and Conditions. It is sufficient to send a withdrawal statement before the deadline expires. The statement may be submitted:

  • In writing to the address provided by the Seller.
  • Electronically via email at: hello@fragrana.com.

8.2. Returning a Purchased Product

A product purchased remotely (including items with digital elements) can be returned to the address specified by the Seller.

8.3. Withdrawal Form

A template withdrawal form can be found in Annex No. 2 to the Consumer Rights Act and in section 13 of the Terms and Conditions. The use of this form is optional.

8.4. Withdrawal Period

The withdrawal period begins:

  • For contracts in which the Seller transfers a Product and commits to transferring its ownership:
    • From the moment the consumer or a designated person (excluding the carrier) takes possession of the Product.
    • If the contract includes multiple Products delivered separately, in batches, or in parts, the period starts upon receipt of the last item.
    • For contracts involving regular deliveries of Products over a specified period, the period starts upon receipt of the first Product.
  • In all other cases: The withdrawal period begins on the contract date.

8.5. Legal Effect of Withdrawal

If a distance contract is withdrawn from, it is treated as though it was never concluded.

8.6. Products – Physical Goods, Including Those with Digital Elements

8.6.1. Refund Process

The Seller will refund all payments made by the consumer, including delivery costs, within 14 calendar days of receiving the withdrawal statement. The refund will be issued using the same payment method unless the consumer agrees to a different method at no additional cost. If the Seller has not offered to collect the Product, they may withhold the refund until they receive the returned Product or proof of its return, whichever occurs first.

8.6.2. Return Obligation

The consumer must return the Product within 14 days of withdrawal, unless the Seller has offered to collect it. The deadline is met if the shipment is dispatched before the period expires.

8.6.3. Liability for Diminished Value

The consumer is responsible for any reduction in the Product’s value if they have used it beyond what is necessary to determine its characteristics and functionality.

8.7. Products – Digital Content and Digital Services

8.7.1. Consumer Rights Upon Withdrawal

After withdrawing from a contract for digital content or digital services, the Seller may not use any content provided by the consumer, except in cases outlined in the Terms and Conditions. The consumer has the right to recover their data in a commonly used format. The Seller may also restrict access to the digital content or the user account.

8.7.2. Consumer Obligations

By withdrawing from the contract, the consumer agrees to cease using the digital content or services and not to share them with third parties.

8.8. Potential Costs of Withdrawal

8.8.1. Higher Delivery Costs

If the consumer opted for a more expensive delivery method than the cheapest available option, the Seller is not required to refund the additional costs.

8.8.2. Return Shipping Costs

The consumer bears the cost of returning the Product unless the Seller has offered to collect it.

8.8.3. Services Started Before Withdrawal

If the provision of a service began at the consumer’s explicit request before the withdrawal period expired, the consumer must pay for the portion of the service already performed, calculated proportionally. If the service price was excessive, the market value will be used as the basis for the charge.

8.9. Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

  • Services that have been fully performed with the consumer’s explicit consent, provided they were informed of their loss of withdrawal rights beforehand.
  • Products made to the consumer’s specifications or customized for their needs.
  • Products that are perishable or have a short shelf life.
  • Products delivered in sealed packaging that, for health or hygiene reasons, cannot be returned once opened.
  • Products that, after delivery, have become inseparably mixed with other items.
  • Alcoholic beverages whose price depends on market fluctuations and that can only be delivered after 30 days.
  • Audio recordings, video recordings, and computer software delivered in sealed packaging if unsealed after delivery.
  • Digital content not supplied on a physical medium, if the consumer agreed to its provision before the withdrawal period expired.

8.10. Applicability of Consumer Rights to Certain Business Customers

The provisions in section 8 of the Terms and Conditions concerning consumers have been in effect since January 1, 2021. They also apply to individuals entering into a contract directly related to their business activity, provided the nature of the contract is not professional. This is determined based on the business activity listed in the Central Register and Information on Economic Activity (CEIDG).

9. PROVISIONS FOR BUSINESS CUSTOMERS

9.1. Scope of Application

The provisions in this section of the Terms and Conditions apply exclusively to Clients or Service Recipients who are not consumers. As of January 1, 2021, they also apply to individuals entering into contracts directly related to their business activities, provided that the nature of the contract is not professional, as indicated in the Central Register and Information on Economic Activity (CEIDG).

9.2. Seller’s Right to Withdraw from the Sales Agreement

The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of its conclusion, without providing a reason. In such a case, the Client has no claims against the Seller.

9.3. Payment Restrictions

The Seller may restrict available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Client or the terms of the Sales Agreement.

9.4. Termination of Electronic Services Agreement

The Service Provider has the right to terminate the Electronic Services Agreement with immediate effect and without providing a reason by sending an appropriate statement to the Service Recipient.

9.5. Limitation of Liability

The liability of the Seller or Service Provider towards the Client or Service Recipient, regardless of the legal basis, is limited to the amount of the paid price and delivery costs under the Sales Agreement, but not exceeding 1,000 PLN. This limitation applies to all claims, including cases where a Sales Agreement was not concluded or for claims unrelated to it. The Seller/Service Provider is liable only for foreseeable damages typical at the time of contract conclusion and is not responsible for lost profits or delivery delays.

9.6. Dispute Resolution

Any disputes between the Seller/Service Provider and the Client/Service Recipient shall be settled by the court with jurisdiction over the Seller’s/Service Provider’s registered office.

9.7. Warranty and Product Compliance

The Seller bears no liability for product defects under warranty nor for the lack of conformity with the Sales Agreement.

9.8. Complaint Processing

The Seller is obligated to process complaints within 30 calendar days from the date of receipt.

10. PRODUCT REVIEWS

10.1. No Review System

The Seller does not provide Clients with the ability to post or view reviews regarding Products or the Online Store.

11. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE TERMS AND CONDITIONS

11.1. General Provisions

This section includes provisions resulting from the Digital Services Act (DSA) regarding the operation of the Online Store and the Service Provider. In general, the Service Recipient is not required to provide content when using the Online Store unless specific data is required by the Terms and Conditions (e.g., when placing an Order). However, the Service Recipient may post reviews or comments using available tools. In all cases, the Service Recipient must comply with the Terms and Conditions.

11.2. Contact Point

The Service Provider designates the email address hello@fragrana.com as the primary contact point. This allows direct communication between the Service Provider and government authorities, the European Commission, and the Digital Services Board. It also ensures quick and convenient electronic communication with service recipients (including Service Recipients) regarding the application of the Digital Services Act. Communication with the contact point can take place in Polish and English.

11.3. Procedure for Reporting Illegal Content and Actions under Article 16 of the Digital Services Act

11.3.1. Submitting a Report

Any user or entity may report the presence of illegal content to the Service Provider by sending a notification to hello@fragrana.com.

11.3.2. Requirements for a Valid Report

To be effective, a report must be detailed and properly justified. The Service Provider provides the possibility to report content that includes the following elements:

  • Justification explaining why the content should be considered illegal.
  • Precise electronic location of the reported content (e.g., URL or other identifying data).
  • Contact details of the reporting person, including name, surname/entity name, and email address (except for reports concerning crimes listed in Directive 2011/93/EU).
  • Statement confirming that the reporting person is acting in good faith and that the provided information is true and complete.
11.3.3. Acknowledgment and Handling of Reports

A report that meets the formal requirements is considered sufficient for the Service Provider to obtain actual knowledge of the content without needing to conduct a complex legal analysis.

11.3.4. Confirmation and Decision Notification

For reports containing contact details, the Service Provider will promptly confirm receipt and inform the reporting party of the decision made, including available appeal options.

11.3.5. Fair and Objective Review

Each report is reviewed in a timely, fair, and objective manner. If the Service Provider uses automated content analysis tools, information about this will be included in the response decision.

11.4. Restrictions on the Use of the Online Store and Published Content

11.4.1. Rules for Posting Content

The Service Recipient must comply with the following rules when posting content in the Online Store:

  • Proper Use – The Online Store must be used appropriately, in accordance with its purpose, the Terms and Conditions, applicable law, and social norms. Users must respect personal rights, copyrights, and intellectual property rights of the Service Provider and third parties.
  • Truthfulness – The posted content must be accurate and not misleading.
  • Legality – It is prohibited to publish illegal content, including materials that violate applicable laws.
  • No Spam – Sending unsolicited advertising content (spam) through the Online Store is not allowed.
  • No Offensive Content – Content that violates netiquette, including vulgar or offensive material, is prohibited.
  • Licenses and Permissions – If content requires licenses or permissions (e.g., copyrights, publication rights, or personal data usage), the Service Recipient must possess them. This is especially important for content containing images or personal data of third parties.
  • Security Compliance – Actions that endanger the IT security of the Service Provider, the Online Store, or third parties are prohibited.
11.4.2. Content Moderation

The Service Provider reserves the right to moderate content posted by Service Recipients in the Online Store. This process is conducted in good faith and with due diligence. Moderation may be initiated by the Service Provider or as a result of a user report to identify and remove illegal or non-compliant content.

11.4.3. Methods of Moderation

Moderation may be conducted manually by administrators or automatically using specialized tools. If a violation is detected, the Service Provider may:

  • Remove the content,
  • Restrict its visibility, or
  • Contact the Service Recipient to adjust the content to meet the Terms and Conditions.

If the Service Provider has the Service Recipient’s contact details, they will be informed about the decision, its reasons, and available appeal options.

11.4.4. Transparency and Fairness

In fulfilling its obligations under the Digital Services Act, the Service Provider acts with due diligence, transparency, and proportionality, considering the rights and legitimate interests of all parties, including Online Store users. Particular attention is given to fundamental rights such as freedom of expression, media pluralism, and other values protected by the Charter of Fundamental Rights of the European Union.

11.5. Complaints and Appeals

Any comments, complaints, appeals, or objections regarding the Service Provider’s decisions or actions may be submitted following the complaint procedure outlined in Section 6 of the Terms and Conditions.

This procedure is free of charge and allows submissions via email at hello@fragrana.com.

Using this procedure does not limit the right to pursue claims through legal proceedings or other available remedies.

11.6. Commitment to Fair Handling of Reports

The Service Provider commits to handling all reports in a timely, fair, and objective manner. If a complaint is justified, the necessary corrective actions will be taken.

11.7. Alternative Dispute Resolution

Service Recipients and other entities dissatisfied with the Service Provider’s decision may use an out-of-court dispute resolution system certified by the appropriate Digital Services Coordinator of the respective EU Member State.

12. FINAL PROVISIONS

12.1. Language of Agreements

Contracts concluded through the Online Store are drawn up in Polish.

12.2. Amendments to the Terms and Conditions

12.2.1. Right to Modify the Terms and Conditions

The Service Provider reserves the right to modify the Terms and Conditions for important reasons, such as:

  • Changes in legal regulations,
  • Modifications to payment or delivery methods, if they affect the implementation of the provisions of the Terms and Conditions.
12.2.2. Contracts of a Continuous Nature

For contracts of a continuous nature concluded under these Terms and Conditions (e.g., provision of an Electronic Service – Account), the modified Terms and Conditions become binding for the Service Recipient provided that the requirements set out in Articles 384 and 384[1] of the Civil Code are met. This means that:

  • The Service Recipient has been properly informed of the changes.
  • The Service Recipient has not terminated the contract within 15 calendar days from the notification date.

If the changes introduce new fees or increase existing ones, the Service Recipient has the right to withdraw from the contract.

12.2.3. Contracts of a Non-Continuous Nature

For contracts not of a continuous nature (e.g., Sales Agreements), the introduced changes do not affect the rights acquired by Service Recipients/Customers before the effective date of the modifications.

In particular, changes to the Terms and Conditions will not impact orders already placed or sales agreements that have been concluded, processed, or executed before the changes take effect.

12.3. Applicable Law

For matters not regulated by these Terms and Conditions, the applicable Polish law shall apply, including but not limited to:

  • The Civil Code,
  • The Act of July 18, 2002, on the Provision of Electronic Services (Journal of Laws 2002, No. 144, item 1204, as amended),
  • The Consumer Rights Act,
  • Other relevant provisions of universally applicable law.

13. WITHDRAWAL FORM TEMPLATE

Withdrawal Form Template

(This form should only be completed and sent if you wish to withdraw from the contract.)

Recipient:
TATRARENT Kacper Zajko
ul. Huty 1C, 34-500 Zakopane, Poland
E-mail: hello@fragrana.com
Phone: __________

I/We (*) hereby inform you of my/our withdrawal from:

  • ☐ The sales contract for the following goods: _______________
  • ☐ The delivery contract for the following goods: _______________
  • ☐ The contract for work involving the manufacture of the following goods: _______________
  • ☐ The service contract for the following service: _______________

Date of contract conclusion / receipt (*):
________________________

Full name of the consumer(s):
________________________

Address of the consumer(s):
________________________

Signature of the consumer(s) (only if the form is submitted in paper form):

________________________

Date:
________________________

(*) Delete as appropriate.

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