TERMS AND CONDITIONS OF THE ONLINE STORE
The Rich Supplements limited liability company with registered office in Warsaw, address: Krucza 16/22 Street, 00-526 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Business Department, under KRS: 0001017246, NIP: 7011127593, REGON: 524363636, share capital: PLN 505,000, is the owner of the online sales service available at www.thegloow.com and the seller of the online store www.thegloow.com.
Before you start using the Store carefully, read the following Terms and Conditions. If you have any questions or doubts, please contact us by writing to the e-mail address: kontakt@thegloow.com or at the telephone number +48 22 250 99 99.
I. General provisions
1) Services provided electronically by the Seller through the Store include the presentation of products and enable Users to conclude a Sales Agreement, as well as to offer participation in promotions and loyalty programs.
(2) All rights to the Store are reserved - this applies, inter alia, to text elements, graphics, element layouts, forms placed in the Store. Users' use of the Store does not acquire any rights to the Store. Use of the Store is permitted only within the scope of "permitted use" as defined in the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws No. 24, Item 83, as amended), the Act of July 27, 2001 on Protection of Databases (Journal of Laws No. 128, Item 1402, as amended) and the Act of April 16, 1993 on Combating Unfair Competition (Journal of Laws 1993, No. 47, item 211, as amended).
(3) The following Regulations apply to all Orders placed by the Customer in the Store, whether on the website www.thegloow.com, on the website for mobile devices, or by telephone.
(4) The User is obliged to use the Store, the Assortment and the Services in a manner consistent with the Terms and Conditions and applicable laws.
5. the Regulations below do not apply to Wholesale Orders. In order to place a Wholesale Order, you should contact the Seller via e-mail at: kontakt@thegloow.com. The Seller reserves the right to cancel a Wholesale Order placed by the Customer through the Store, in case of violation of the second sentence of this paragraph.
(6) Further distribution of the Assortment purchased by the Customer in connection with his/her business or professional activity is allowed only after concluding a distribution agreement with the Seller. In order to conclude a distribution agreement, the Seller should be contacted via e-mail at: kontakt@thegloow.com.
7 The Seller wants to provide the best possible service to the Store Users. By using the Store, the User acknowledges and agrees that he/she will not:
(a) publish, transmit, redistribute, upload or promote any communication or material that could adversely affect the Assortment or Services;
b) behave in a manner that restricts, hinders, obstructs or prevents any other User from using www.thegloow.com or in a manner that affects the security of the Site, or use any device for that purpose; or
(c) use any device or attempt to use any software, tool, agent or script, or other device or mechanism (including without limitation so-called spiders, bots, crawlers, avatars or intelligent agents) to navigate and search the Site or copy its content. The Seller reserves the right to immediately block access to the Store and terminate the Account of any User who violates these rules or any other rules that are part of these Terms and Conditions.
II. Definitions
Seller or Service Provider or Administrator - The Rich Supplements limited liability company with its registered office in Warsaw, address: Krucza 16/22 Street, 00-526 Warsaw, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, XII Business Department, under KRS: 0001017246, NIP: 7011127593, REGON: 524363636, share capital: PLN 505,000.
Customer - a natural person with full legal capacity, as well as a legal person or an organizational unit without legal personality, to whom the act grants legal capacity, making purchases in the Store. The Customer may be a Consumer or an Entrepreneur.
User - a person visiting the Store, as well as a person using the Services available in the Store.
Store - online sales service operated by the Seller, available to Customers and Users, at www.thegloow.com.
Assortment - goods offered by the Seller in the Store. In addition to the standard Assortment, the Store also features goods marked as:
- Assortment "coming soon" - goods that will be available in the Store in the future. When the Assortment "soon" is included in the offer of the Store, the Assortment "soon" changes its status to Assortment "new" and begins to be available in the Store. The price next to the Assortment "soon" is an approximate price and may change when the status changes to "novelty".
- Assortment "novelty" - goods that have been included in the offer of the Store. The status "new" commodity acquires after updating the status Assortment "soon".
E-Invoice - an invoice, correction invoice, duplicate invoice and duplicate correction invoice in PDF format issued in accordance with the law and made available to the customer by the Store in accordance with the provisions of the Law of March 11, 2004 on tax on goods and services, the authenticity of origin, integrity of content and legibility of which are guaranteed by the implemented business controls that establish a reliable audit trail between the invoice and the supply of goods or services.
Indicative price - the indicated gross value in PLN of the Assortment "coming soon". When the status of the Assortment is changed to "new", the Indicative Price will be converted to the Regular Price.
Regular Price - the indicated gross value of the Assortment and the Assortment "novelty" in PLN.
Business day - one day from Monday to Friday, excluding public holidays.
Registration - the process of creating an Account by the Customer.
Consumer - a natural person using the Store's services in connection with activities not directly related to his/her economic or professional activity, as well as a natural person using the Store's services in connection with activities related to his/her business, when it follows from the content of the concluded Sales Contract that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions of the Central Register and Information on Business Activity.
Entrepreneur - a natural person, a legal person and an organizational unit without legal personality, to which the law grants legal capacity, conducting a business or professional activity in its own name and using the Store's services in direct connection with its business or professional activity.
Account - a virtual collection of resources and entitlements assigned to a specific Customer who has fully registered with the Store, used to process placed Orders with logging into the Account, containing the history of orders and returns made by the Customer, Customer preferences for selected products available in the Store, data on payments, information on discounts granted and the number of points collected from the Customer's participation in The Gloow Club, information on purchased Gift Cards, subscriptions.
ShoppingCart - a service made available to each Customer who uses the Store, which consists in enabling the Customer to easily place an Order, enter discount codes allowing to reduce the Regular Price, display a summary of the Order, display the expected delivery date of the Assortment. The shopping cart collects the offers made by the Customer to conclude a Sales Agreement.
Order - the Customer's declaration of will expressing direct will to conclude a Sales Agreement at a distance, placed with the use of means of distance communication, specifying the Assortment for which the Customer makes an offer to conclude a Sales Agreement and the Customer's personal data necessary for the possible conclusion and execution of the Sales Agreement.
Previous lowest price - the lowest price of a given Assortment that was in effect during the 30-day period before the discount was introduced, or, if a given Assortment has been on sale for less than 30 days, the lowest price of a given Assortment that was in effect during the period from the date of availability of a given Assortment until the date the discount was introduced.
Terms andConditions - this set of rules and regulations governing online sales in the Store.
Sales Agreement - an agreement concerning the Seller's sale of an Assortment to the Customer for payment of the price plus any additional charges, in particular shipping costs. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, at the moment the Customer receives a relevant email message from the Seller, sent to the email address indicated in the Order.
ServiceContract - a contract for the provision of Services by the Service Provider to the User. The contract for the provision of services is concluded between the User and the Service Provider using means of remote communication.
Contract - a Contract for the provision of services or a Sales Contract under which Digital Content or Digital Services are offered.
Service - a service provided by the Seller electronically through the Store, regulated by these Regulations.
Digital Service - a service provided by the Seller electronically through the Store, allowing the production, processing and storage of data or access to them in digital form.
Digital content - data produced and delivered in digital form.
Subscription Sales - an option for recurring sales of the Assortment by subscription, regulated in these Terms and Conditions.
Newsletter - Digital Service that allows all Users using it to receive periodic information from the Seller, in particular about the Assortment in the Store, including news and promotions, to the e-mail address or telephone number provided by the User, with the User's express consent.
Wholesale Order - a one-time Order placed by a Customer who is an Entrepreneur, in excess of 100 pieces of a given Assortment.
The Gloow Club - loyalty program organized by the Seller according to the rules described in the Terms and Conditions of The Gloow Club Loyalty Club, located at:. https://thegloow.com/pl/content/category/4-regulaminy.
III. Registration Rules
(1) Registration involves the creation and activation of an individual Account by completing a registration form available on the Store's website, in which the Customer provides his/her data. After completing the registration form, the Customer is granted access to the individual Account, which can be used after logging in by providing the e-mail address and individual password submitted during Registration.
(2) If the Customer does not remember the password for access to the Account or wants to change the existing password, he/she should send a message through the application form provided on the Store's login page, providing the email address he/she used when setting up the Account. A message will be sent to the email address with a generated link to change the password.
(3) In order to ensure proper delivery of the Assortment from the level of the Account, the Customer is obliged to verify the validity of the data provided during Registration before placing an Order. The Customer has the ability to change the data entered during the creation of the Account at any time using the options available within the Account. The customer is responsible for providing incomplete, outdated, false data or failure to update them.
(4) Only the customer whose data was indicated during registration is authorized to use an individual Account. The Customer is not allowed to use the Accounts of other Customers and provide other people with the possibility of using the Account, including the individual password to access the Account. The Customer may have only one Account assigned to one e mail address.
(5) The Customer shall have the opportunity, at any time and without giving any reason, to delete the Account (Account cancellation) by sending an appropriate request to the Seller, in particular via e-mail to: kontakt@thegloow.com or in writing to the address: 16/22 Krucza Street, 00-526 Warsaw.
(6) Setting up an Account is free of charge and is not required to place an Order.
(7) The Seller may terminate the Agreement for the provision of services, i.e. delete the Account at seven days' notice, as well as may restrict access to part or all of the Account or refuse further right to use the Store by the Customer (both those with and without an Account), as well as to place Orders, for valid reasons, i.e. in the case of gross violations of these Terms and Conditions by the Customer, especially in situations where the Customer violates the provisions of Chapter I Section 4 and Chapter IV Section 6 of the Terms and Conditions.
(8) At the stage of registration of the Account, the Customer has the opportunity to order marketing communications, including commercial information and consent to the processing of his/her data for this purpose. The Customer has the right to choose the preferred form of communication from the following:
(a) by electronic means (e-mail),
b) by telephone.
9. the Customer by registering an Account has the opportunity to receive in advance information about promotions, additional discounts and interesting new products to appear in the Store.
IV. Acceptance and execution of Orders
(1) The Seller allows the Customer to place an Order through the Store as follows:
(a) The Customer adds the selected Assortment to the Basket and then proceeds to the Order form,
b) The Customer may place an Order as a guest, without creating an Account, register a new Account or log in to his/her Account,
c) A Customer with an Account confirms in the Order form the validity of the data necessary for the conclusion and execution of the Sales Agreement. A Customer who does not have an Account must independently fill in the Order form to the extent of his/her data necessary for the conclusion and execution of the Sales Agreement. In any case, providing outdated or false data of the Customer may prevent execution of the Sales Agreement. In the Order form, it is necessary for the Customer to provide the following Customer data: name and surname, address (street, house/flat number, postal code, city, country), e-mail address, contact telephone number, selection of the Assortment and its quantity. In the case of Customers who are Entrepreneurs, it is also necessary to provide the company, and if they requested within the E-Invoice form, also the Tax Identification Number. As part of the development of the Assortment or Services available in the Store, the Seller may introduce the obligation to provide in the content of the Order form or in another appropriate place, other information about the Assortment or Customer, and in the case of personal data, also other necessary data, in particular due to the specificity of the Assortment or Services, e.g. in order to personalize the Assortment. Change of the delivery address is possible only in extraordinary circumstances after agreement with the Store and before the Assortment is handed over to the courier for delivery,
d) The Customer chooses one of the methods of delivery of the Assortment provided by the Store,
e) The Customer selects the method of payment of the Regular Price and any other costs for the implementation of the Sales Contract indicated in the Order form, from among the payment methods made available by the Seller,
f) The Customer sends the Order to the Seller using the Store functionality made available for this purpose (dedicated button: "Order and pay" or similar). In the case of a Customer who does not have an Account and has not previously accepted the Terms and Conditions, acceptance of the Terms and Conditions is required,
g) In the course of placing an Order until the appropriate button is pressed, the Customer has the possibility to correct the entered data on his/her own within the "Basket" panel by adding or removing a given item from the Basket,
h) Depending on the selected payment method, the Customer may be redirected to the pages of a third-party payment service provider to make payment.
2. After placing an Order, the Customer receives an e-mail confirming receipt of the Order.
(3) The Sales Agreement shall be concluded at the moment when the Customer receives from the Seller an appropriate e-mail message, sent to the e-mail address indicated in the Order, constituting a confirmation of the Sales Agreement concluded between the parties, including the Assortment purchased by the Customer, its price and possible delivery costs, as well as other important conditions of the concluded Sales Agreement. The above confirmation will be sent, without unreasonable delay, after the Order is placed. For technical reasons, confirmation of the conclusion of the Sales Agreement may take up to 48h.
(4) Upon conclusion of the Sales Agreement, the Seller shall provide the Customer with a proof of purchase in electronic form or together with the shipment containing the Assortment. The shipment may also include the Order specification. If the Customer requests an E-Invoice, the Customer agrees that the E-Invoice will be sent to the e-mail address provided by the Customer. Acceptance of the Terms and Conditions is tantamount to consent to receive invoices electronically in accordance with Article 106n of the Law of March 11, 2004 on Value Added Tax. The Seller may introduce technical means of authenticating the Customer before the Customer collects the proof of purchase or E-Invoice.
(5) If the Seller cannot fulfill the Order in whole or in part due to unforeseen circumstances that the Seller was not able to foresee after concluding the Sales Agreement or the Assortment has been damaged or lost, then the Seller shall immediately notify the Customer by sending appropriate information to the e-mail address indicated in the Order and refund the amount received, but no later than within 7 days from the moment of transmission of information about the impossibility of concluding the Sales Agreement.
(6) Within the framework of placing an Order, the Customer shall, in particular:
(a) provide within the Store form only true, current and all necessary Customer data necessary to complete the Order,
b) use the Services and functionalities made available by the Seller in a manner that does not interfere with the functioning of the Store, and also in a manner consistent with the provisions of the applicable law, the provisions of the Regulations, as well as with the customs and rules of social coexistence adopted in this area,
c) timely payment of the full amount due and other costs agreed upon under the concluded Sales Agreement,
d) timely collection of the Assortment ordered using cash on delivery and cash on delivery payment methods.
7 The Seller stipulates that it is not possible to make modifications to the Order. In special circumstances, after the Customer contacts the Seller, the Seller may allow modification of the Order in an individually agreed manner.
V. Subscription sales
(1) By selecting the subscription option, the parties shall enter into a Sales Agreement, pursuant to which the Seller shall deliver the Assortment selected by the Customer to the address indicated by the Customer on a regular basis, at fixed intervals, for the selected period of time, until the termination of the subscription, and the Customer shall undertake to make fixed, regular payments to pay for such Assortment by submitting to the bank maintaining his bank account an instruction to make fixed payments to the Seller for the duration of the subscription, i.e. until the termination of the subscription.
(2) Deliveries of the Assortment during the subscription period shall be made 1 time in each month of this subscription, at fixed intervals from the first and each subsequent delivery, with each subsequent delivery being subject to confirmation of crediting the Seller's bank account with the amount due for the Assortment covered by the respective delivery. In case of non-payment, the delivery will not be realized.
(3) At the realization of each subsequent delivery, the Seller shall provide the Customer who is a Consumer with a confirmation of sale of the Assortment covered by a given delivery on a durable medium no later than at the time of delivery of the Assortment.
(4) The termination of the subscription period shall be effected by the Customer's submission of a statement of termination of the subscription with a notice period of 1 month calculated from the last day of the month in which the statement of termination is submitted or the expiration of the period for which the subscription was purchased.
(5) The notice of termination of subscription shall be:
(a) in writing and sent by registered mail to the Seller's address - the date of submission of the notice of termination shall be, in such case, the date of mailing of the registered mail containing the notice of termination, or
b) in the form of an e-mail sent to the Seller's e-mail address (the date of submission of the termination notice shall be, in such case, the date of sending the e mail).
(6) During the period of termination of the subscription (until the date of expiration of the notice period), all rights and obligations of the parties shall remain valid and binding, in particular, during this period the Seller shall carry out deliveries of the Assortment, and the Customer shall be obliged to make payments for these deliveries.
(7) Placing an Order under the subscription requires the Customer to create an Account in the Store.
VI. Prices of the Assortment
1) All prices of the Assortment placed on the Store's website are given in Polish zloty and include VAT.
Second Prices of the Assortment do not include the cost of delivery of the Assortment. Up-to-date information on delivery costs is available on the Store's website and depends on the Client's choice of delivery method.
(3) The Seller reserves the right to change the price of the Assortment being offered by the Store, which changes its status from the Assortment "soon" to the Assortment "new" from indicative to regular, to carry out and cancel promotional actions or make changes to them under the terms of separate regulations. The above entitlement shall not affect the prices of the Assortment in Orders placed before the effective date of the price change, terms of promotional actions or sales.
The Seller informs that in case of delivery of the Assortment outside the territory of the European Union additional fees in the form of taxes and duties applicable in the territory of the country of delivery of the Assortment may be added to the regular price of the Assortment by the competent state authorities. These costs will be charged to the Customer.
VII. Payments and promotional codes
(1) When placing an Order, the Customer shall select the method of payment for the Assortment from the options listed on the Store's website. The Customer may make payment by credit card or using a fast transfer in the system of
a) PayNow (mbank),
b) PayU,
c) PayPo,
d) Klarna,
e) Payment cards,
f) GooglePay ApplePay,
g) cash on delivery;
subject to paragraph 2 below. Payment services are provided by the operators of the indicated electronic payments in accordance with the terms and conditions of the regulations provided by these service providers.
(2) Cash on delivery payment shall be made up to the limit of the amount of cash on delivery specified by the transportation company providing the transportation services. The customer will be informed if his Order exceeds the COD amount provided by the carrier.
(3) In the event that the Seller does not receive the Customer's payment within 15 minutes after the transition to the payment selection method, the Order will be cancelled, unless the Customer has selected cash on delivery payment methods.
(4) If the Customer has selected cash on delivery payment, the Customer is required to make payment upon receipt of the shipment. In order to confirm the Order, the Customer activates the link sent to the e-mail address provided when placing the Order. In case of failure to collect and pay for the Assortment within the specified period, the Assortment is returned to the Seller, of which the Customer is informed via e-mail. If the Customer refuses to collect the Assortment and pay for it, despite setting an additional appropriate deadline, the Order is cancelled. In such a situation, the Customer has the opportunity to place the Order again.
(5) In the case of the selected Assortment of the Store, the Seller reserves the right to exclude certain methods of delivery of Orders or forms of payment for the Order. Information about the aforementioned restrictions will be available in the Store, in the description concerning the given Assortment.
6 The Customer agrees to send E-Invoices in electronic form. If you wish to receive the E-Invoice in paper form, you should indicate this in the Order or contact the Seller at: Krucza 16/22 Street, 00-526 Warsaw or e-mail: kontakt@thegloow.com.
(7) The Seller organizes periodic promotional actions involving the provision of discount codes or value vouchers. The Customer may use a discount code or a value voucher by entering them in the appropriate field when placing an Order. Discount codes and value vouchers are time-limited in accordance with the rules of the relevant promotion, after the expiration date the Customer is not able to use the discount. Detailed terms and conditions of the current promotion regulations are made available in the Store each time.
(8) All value vouchers and discount codes issued by the Seller may be redeemed:
(a) by placing an Order in the Store and entering the code in the dedicated window,
b) by the date indicated individually for a given value voucher or discount code.
VIII. Methods and dates of delivery of the Assortment
The place of fulfillment of the Sales Agreement by the Seller is the place where the Assortment will be picked up, and in case of doubt, the place where the Assortment should be picked up as indicated by the Customer.
Delivery of the Assortment shall take place in the manner selected by the Customer, specified in the Order. Delivery costs of the Assortment, if any, shall be paid by the Customer when paying for the Order. The available current methods and costs of delivery of the Assortment are indicated in the "Delivery" and "Payment methods" tabs (or other corresponding ones) and each time in the description of the given Assortment, including at the moment when the Customer expresses his/her will to be bound by the Sales Agreement.
(2) Delivery of the Assortment is possible in the territory of the European Union (excluding Malta and Cyprus). A detailed list of the countries, together with an indication of the time and cost of delivery, can be found in the "Delivery" tab. The list of foreign countries to which delivery is possible is subject to change.
(3) The total waiting time for the Customer to receive the Assortment (delivery time) consists of the time of preparing the Order for shipment by the Seller and the time of delivery of the Assortment by the carrier.
(4) The term of preparation of the Assortment from transfer to the carrier to delivery to the Customer is up to 7 Business Days counted from the date of conclusion of the Sales Agreement, unless in the description of the Assortment or during the Order placement the Seller specified a different term.
(5) The Consumer may report loss or damage of the shipment with the Order to the selected carrier or the Seller. In the case of delivery to the Consumer of a damaged shipment, the Consumer should draw up an appropriate protocol in the presence of the carrier, and in the case of damage that is not outwardly noticeable, the Consumer should report the damage within 7 days of delivery. Failure to write the protocol and report the damage does not deprive the Consumer of his rights under the law, including the right to file a complaint.
(6) If the Assortment is sent to the Customer who is an Entrepreneur via a carrier, the Customer who is an Entrepreneur is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he finds that there was a loss or damage to the product during shipment, he is obliged to perform all actions necessary to determine the liability of the carrier.
(7) The Seller shall not be liable for non-delivery of the Assortment or delay in its delivery for reasons attributable to the Customer, in particular, if they are caused by the Customer providing an incorrect or improper delivery address. In such a situation, the Seller shall notify the Customer of the failed attempt to deliver the Assortment.
IX. Right of withdrawal from the Sales Agreement
1. a Customer who is a Consumer may, within 14 days from the date of delivery of the Order, withdraw from the Sales Agreement without giving any reason and without incurring costs, except for the costs specified in paragraph 6 and paragraph 7 below.
(2) The Consumer may withdraw from the Sales Agreement by informing the Seller of his decision to withdraw from the Sales Agreement by a unilateral statement. The statement of withdrawal from the Sales Agreement may be made:
(a) by sending it in writing to the address: 16/22 Krucza Street, 00-526 Warsaw,
b) by using the returns form available on the Store's website,
c) electronically, by sending a message to the e-mail address: kontakt@thegloow.com.
A statement of withdrawal from the Sales Agreement may be submitted using the form of withdrawal from the Sales Agreement, the model of which is attached as Appendix No. 1 to these Regulations (available for download at the Store) or using the model form of withdrawal from the Sales Agreement included as Appendix No. 2 to the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended).
(3) It shall be sufficient for the term of withdrawal from the Sales Agreement to be observed by sending information on the exercise of the right of withdrawal from the Sales Agreement before the expiry of the term of withdrawal from the Sales Agreement.
(4) In the event of withdrawal from the Sales Agreement concluded remotely, the Sales Agreement shall be considered not concluded.
(5) In the case of withdrawal from the Sales Agreement, the Consumer is obliged to return the Assortment to the Seller immediately, but no later than within 14 days from the date on which the Consumer informed the Seller about the withdrawal from the Sales Agreement. To meet the deadline it is sufficient if the Assortment is sent back before the 14-day deadline to the address: THEGLOOW.COM Returns Department, Kopytów 44E, 05-870 Blonie, GATE DC6B with an annotation of the Order number e.g. 0123456.
(6) The cost of returning the Assortment in case of withdrawal from the Sales Agreement, referred to in the provisions above, shall be borne by the Consumer.
7th The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Sales Agreement, return to the Consumer the payments made by him, including the costs of delivery of the Assortment (except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method available in the Store).
(8) Reimbursement of payments will be made by the Seller using the same means of payment used by the Consumer, unless the Consumer has expressly agreed to a different method of reimbursement.
9. the Seller may withhold reimbursement of payments received from the Customer until it receives the Assortment back or the Consumer provides proof of returning the Assortment, whichever event occurs first.
(10) The Customer shall be liable for any diminution in the value of the Assortment resulting from the use of the Assortment other than necessary to determine the nature, characteristics and functioning of the thing.
11. the refund shall be made in a manner analogous to the method of payment for the Assortment chosen by the Customer, and in the case of prepayment on account - to the bank account indicated by the Customer. If the price or a part of it has been paid with the help of discounts accumulated in the Account, the Customer shall be refunded that part of the price actually paid by him, and the discount shall be reincluded in the Account, with the proviso that the discount used in a given Order shall always be refunded first.
12 Pursuant to Article 38 of the Law of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827, as amended), the right to withdraw from a Distance Sales Agreement is not granted to a Customer who is a Consumer with respect to contracts:
(a) for the provision of services, if the entrepreneur has performed the service in full with the express consent of the Consumer, who was informed before the start of the service, that after the fulfillment of the service by the entrepreneur will lose the right to withdraw from the Sales Agreement,
b) in which the subject of performance is a non-refabricated thing, produced to the Consumer's specifications or serving to meet his individualized needs,
c) in which the subject of the performance is an item subject to rapid deterioration or having a short shelf life,
d) in which the subject of the performance is an item delivered in a sealed package, which cannot be returned after opening the package for health or hygiene reasons, if the package was opened after delivery,
e) in which the subject of performance are things which, after delivery, by their nature, become inseparably connected with other things,
f) for the supply of Digital Content that is not recorded on a tangible medium, if the performance has begun with the express consent of the consumer before the expiration of the deadline for withdrawal from the Sales Agreement and after the Seller has informed him of the loss of the right to withdraw from the Sales Agreement.
(13) The provisions of paragraphs 1-4 and 12 above, shall also apply to the Agreement for the provision of services.
X. Complaint procedure
(1) The Customer has the right to file a complaint with the Store, in particular with regard to its operation, in case of non-compliance of the Assortment with the Sales Agreement. All claims in connection with the complaint should be addressed to the Seller.
(2) A Customer who is an Entrepreneur has the right to file a complaint in accordance with the provisions of the law in force in this regard, whereby the Seller's liability under the warranty for defects in the Assortment is limited to the amount that the Customer who is an Entrepreneur paid to the Seller for the purchase of the Assortment, subject to the next sentence. A Customer who is an Entrepreneur loses his rights under the warranty if he has not examined the Assortment at the time and in the manner usual for things of that kind and has not immediately notified the Seller of the defect, and if the defect came to light only later - if he has not notified the Seller immediately after its discovery.
(3) The Seller is obliged to respond to the complaint of the Customer who is a Consumer within 14 days of its receipt. If the Seller has not responded to the complaint within the period referred to in the sentence above, it is considered that he recognized the complaint as legitimate.
(4) In the event of a complaint related to non-compliance of the Assortment with the Sales Agreement, the Customer is obliged to deliver the defective Assortment to the Seller at the Seller's expense, together with a description of the complaint. An example of a complaint form is attached as Appendix No. 2 to these Regulations (available for download in the Store).
(5) The complaint should include: name and surname, e-mail address provided in the Order, date of purchase, transaction number, contact details, description of the situation to which the complaint relates or other circumstances justifying the complaint and the date of occurrence of the defect, as well as the Customer's demand related to the complaint.
(6) If the complaint contains other deficiencies than those indicated in paragraph (5), or if it is necessary for proper consideration of the complaint, the Seller shall immediately contact the Customer in order to supplement it, specifying the deadline, not shorter than 7 days, and the scope of this supplementation with the instruction that failure to supplement the complaint within the specified period will result in leaving the complaint unprocessed. After ineffective lapse of the specified period, the complaint shall be left unprocessed.
(7) The Assortment shall be deemed to be in compliance with the Sales Agreement if, in particular, its description, type, quantity, quality, completeness and functionality remain in compliance with the Sales Agreement, and the Assortment:
(a) is suitable for the purposes for which an Assortment of this kind is normally used, taking into account applicable laws, technical standards or good practices,
b) comes in such quantity and has such characteristics as are typical for an Assortment of this kind and which the Consumer may reasonably expect, taking into account the nature of the Assortment and the public assurance made by the Seller, its legal predecessors or persons acting on their behalf, in particular in advertising or on the label, unless the Seller:
i. did not know about the public assurance in question and, judging reasonably, could not have known about it,
ii. prior to the conclusion of the Sales Agreement, the public assurance was rectified in the terms and form in which the public assurance was made, or in a comparable manner,
iii. the public assurance did not affect the Consumer's decision to conclude the Sales Agreement,
c) has been delivered with accessories and instructions that the Consumer may reasonably expect to be provided.
d) is consistent with the trial version or announcement, which were made available to the Consumer by the Seller before concluding the Sales Agreement.
(8) The Seller shall not be liable for the lack of conformity of the Assortment with the Sales Agreement if the Consumer has been expressly informed that a specific feature of the Assortment deviates from the requirements of conformity with the Sales Agreement and, at the latest at the conclusion of the Sales Agreement, has expressly and separately accepted the lack of a specific feature of the Assortment.
(9) In the case of non-compliance of the Assortment with the Sales Agreement, the Customer who is a Consumer may demand its repair or replacement.
10. the Seller may make a replacement when the Customer who is a Consumer demands repair, or may make a repair when the Customer who is a Consumer demands replacement, if bringing the Assortment into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Assortment into conformity with the Sales Agreement.
(11) If the defective Assortment is repaired or replaced with a new one, the Seller shall reimburse the costs of sending back the defective Assortment incurred by the Customer and shall send him the repaired or replaced Assortment at his expense.
(12) If the Assortment is inconsistent with the Sales Agreement, the Consumer may make a statement of price reduction or withdrawal from the Sales Agreement when:
(a) the Seller refused to bring the Assortment into conformity with the Sales Agreement,
b) bringing the Assortment into conformity with the Sales Agreement proved to be ineffective,
c) the lack of conformity of the Assortment with the Sales Agreement is so significant that it justifies immediate reduction of the price or withdrawal from the Sales Agreement,
d) it is clear from the Seller's statement or circumstances that he will not bring the Assortment into conformity with the Sales Agreement within a reasonable time or without undue inconvenience to the Consumer.
(13) Reimbursement shall be made in a manner analogous to the method of payment for the Assortment selected by the Customer, and in the case of prepayment on account - to the bank account indicated by the Customer. If the price or a part of it was paid with the help of discount codes accumulated in the Account, the Customer will be refunded that part of the price that was actually paid by him, and the discount will be taken into account again within the Account, with the proviso that the discount used in a given Order is always refunded first.
14 The Seller shall be liable for the lack of conformity of the Assortment with the Sales Agreement existing at the time of its delivery and disclosed within two years from that time. The Assortment's non-conformity with the Sales Agreement, which became apparent before the expiration of two years from the delivery of the Assortment, shall be presumed to have existed at the time of its delivery, unless proven otherwise or this presumption cannot be reconciled with the specifics of the Assortment or the nature of the non-conformity with the Sales Agreement.
(15) The above requirements as to the complaint procedure do not affect or limit the Customer's rights to file a complaint in accordance with the law. The above requirements with respect to Consumers shall be interpreted in each case in accordance with applicable law.
(16) A Customer who is a Consumer may make use of out-of-court means of handling complaints and pursuing claims. Detailed information on the possibility for a Customer who is a Consumer to use out-of-court ways of handling complaints and pursuing claims, as well as the rules of access to these procedures are available at: https://www.uokik.gov.pl/pozasadowerozwiazywanesporowkonsumenckic.php. In addition, the Customer who is a Consumer has the following examples of the possibilities of using out-of-court ways of handling complaints and pursuing claims:
a) A Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (i.e. Journal of Laws of 2020, item 1706) to resolve a dispute arising from the concluded Sales Agreement;
b) The Consumer shall be entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (i.e. Journal of Laws of 2020, item 1706), with a request to initiate mediation proceedings for out-of-court dispute resolution between the Consumer and the Seller;
c) The Consumer may obtain free assistance in resolving a dispute between the Consumer and the Seller, also using the free assistance of a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, the Association of Polish Consumers);
d) A consumer may file a complaint via the ODR online platform: hp://ec.europa.eu/consumers/odr/. The ODR platform is also a source of information on forms of out-of-court dispute resolution that may arise between businesses and Consumers.
(17) The provisions contained in paragraphs 1-16 above, shall also apply to the Service Agreement.
XI. Services provided electronically:
(1) Through the Store, the Seller provides the following Services:
(a) Shopping Cart,
b) content delivery,
c) contact form,
d) Newsletter,
e) plug-ins for social networks,
f) other Services available in the Store, currently available to Users.
(2) The Shopping Cart Service is provided on the following basis:
(a) the provision of the Shopping Cart Service begins when the Customer places a given Assortment in the Shopping Cart,
b) use of the Shopping Cart Service does not require registration in the Store,
c) using the Shopping Cart Service, the Customer may:
i. place the Assortment he/she is interested in on a private list and access it at a later time, without having to search for the Assortment again,
ii. express a desire to purchase the Assortment,
iii. enter a discount code,
iv. check the summary of his/her purchase,
d) from the Shopping Cart Service the Customer may directly proceed to the Service of concluding the Sales Agreement and making payment for the Assortment,
e) termination of the Shopping Cart Service occurs when the entire Assortment is removed from the Shopping Cart.
3. the Content Delivery Service is provided on the following terms:
(a) use of the Store for content delivery begins when any page of the Store is opened and ends when the last page of the Store is closed,
b) use of the Store in terms of delivered content is free of charge, but requires a device with access to the Internet and a standard web browser,
c) the content provided is about the Services, as well as other products and services offered by the Service Provider, but not covered by these Regulations, information about news, events concerning the Service Provider. The content provided may also include information about business contractors and entities related to the Service Provider or its areas of interest and activities.
(4) The contact form service is provided on the following basis:
(a) The User has the opportunity to contact the Seller through the contact form provided in the Store,
b) In order to make contact through the contact form, the User should indicate the name, e-mail address and the content of the message, and then click "Send". A representative of the Service Provider will contact the User through the method of contact provided by the User.
(5) The Newsletter service is provided on the following terms:
(a) in order to use the Newsletter service, the User should fill in the form available in the Store by providing his/her e-mail address. Provision of e-mail address by the User is necessary for the Newsletter Service. It is not permitted to use an e-mail address used by another person,
b) The User is obliged to confirm the Newsletter Service order by clicking on the confirmation link directed to the e-mail address indicated in the form,
c) The Newsletter Service Agreement shall be concluded upon confirmation of the Newsletter Service order by the User,
e) The Newsletter Service consists of providing content about the Service Provider, its offer, news, products and brand. The Newsletter contains commercial and marketing information of the Service Provider,
f) Newsletter is sent periodically for an indefinite period of time, until the termination of the Service or Newsletter Service by the Service Provider,
g) Resignation from the Newsletter Service is possible at any time by clicking on the deactivation link included in each email sent to the User within the Newsletter Service or by sending the resignation to the email address: kontakt@thegloow.com,
h) The Service Provider may cancel the Newsletter Service at any time, after informing the Users,
i) Detailed rules for the use of the Newsletter Service are set forth in the Newsletter Regulations available at https://thegloow.com/pl/content/category/4-regulaminy. .
6. social network plug-in service:
(a) with regard to social networking plug-ins, the Service Provider shall exclusively provide plug-ins through their appropriate posting in the Store,
b) social networking plug-ins allow the User to go from the Store directly to the Service Provider's account maintained on the social networking site,
c) the operation of the plug-ins themselves, as well as of the social networks, is carried out in accordance with the rules and regulations of each social network and is independent of the Service Provider,
d) to the fullest extent permitted by law, the Service Provider is not responsible for the operation of plug-ins and social networks.
XII. Technical requirements necessary for the use of the Store
(1) In order to properly use the Store, it is necessary:
(a) having a device such as a laptop, computer, phone, tablet,
b) connection to the Internet,
c) software that allows you to browse the web,
d) having an active and properly configured e-mail account,
e) support of cookies in the browser.
(2) The use of the Store requires a properly configured web browser Chrome version no lower than 25, Mozilla FireFox version no lower than 24, Microsoft Internet Explorer version no lower than 7 or other, in which the order form will be correctly displayed and work.
(3) If the User's computer does not meet the technical parameters described above, the Store or its individual elements may not function properly, for which the Seller is not responsible.
XIII. Protection of personal data
(1) Customers' personal data are processed by the Administrator, in particular for the following purposes:
(a) to create or maintain their Account in the Online Store,
b) for the purpose of executing a Sales Agreement, a Service Agreement or in connection with the intention to conclude one, as well as for fulfilling the obligations imposed by applicable laws,
c) for the purpose of answering questions submitted in the contact form, during a telephone conversation, chat or complaint notification.
d) within the Newsletter Service are processed in order to send information containing image and product advertisements, information about new products, promotions, sales, special actions, promotions and contests,
e) in order to exercise the Purchaser's rights set forth in the Terms and Conditions of the Gift Card in connection with its purchase,
f) for the purpose of exercising the Participant's rights specified in the Rules of The Gloow Club Loyalty Club.
2. Users' personal data will be processed by the Seller as a Personal Data Administrator based on the following legal grounds depending on the purpose of the processing:
(a) Article 6(1)(b) RODO, i.e. the necessity to perform the contract concluded between the Administrator and the Customer or to take action at the Customer's request before concluding the contract, or
(b) Article 6(1)(c) of the RODO, i.e. the necessity to fulfill the Administrator's legal obligations, or
c) Article 6(1)(f) RODO, i.e. the Administrator's legitimate interest in establishing, asserting or defending claims until they are time-barred, or until the completion of the relevant proceedings, if any, initiated during that period, or
(d) Article 6(1)(a) of the RODO, i.e. the Client's consent to the processing of personal data for specific purposes, when other legal grounds for processing personal data do not apply.
(3) Each data subject shall have all the rights set forth in the RODO, in particular: the right of access to personal data, correction, restriction of processing, deletion, transfer.
4. detailed information on the processing of personal data by the Seller and the procedure for exercising rights are contained in the Privacy Policy and Cookies Policy. available at: https://thegloow.com/pl/content/44-regulamin-sklepu-internetowego.
(5) The supervisory authority in the field of personal data protection in Poland is the President of the Office for Personal Data Protection, based in Warsaw, 2 Stawki Street, hotline: 606 950 000. Individuals who believe that their personal data is being processed incorrectly have the right to refer the matter to the supervisory authority. In any case, we encourage you to contact the Seller in advance to clarify any doubts.
(6) These Terms and Conditions apply to the provision of Services covered by these Terms and Conditions, and therefore the information on the processing of personal data also applies only to the aforementioned scope. Notwithstanding the above, if the data subject also uses other products or Services of the Vendor, or is, or has been, otherwise associated with the Vendor, the processing of personal data also occurs in these other scopes, of which the data subjects are informed within the respective scopes of contact or mutual cooperation. If the data subject has any additional questions or concerns regarding the processing of his/her personal data, the Vendor should be contacted for additional information. The Vendor shall provide all information and necessary support in the realization of the data subject's rights promptly and to the fullest extent possible under the circumstances.
XIV. Non-compliance of Digital Content or Digital Services with the Agreement
1. the provisions of this Section XIV. apply only to Users who are Consumers and shall apply only to the extent of the provisions of the Terms and Conditions relating to Digital Services or Digital Content.
2. the Service Provider shall deliver the Digital Service or Digital Content to the User who is a Consumer immediately after the conclusion of the Contract.
(3) The Digital Service or Digital Content shall be deemed delivered when the Digital Service or Digital Content has been made available to the User who is a Consumer or downloaded to his mobile device, or when the User who is a Consumer, or his mobile device, has accessed it.
(4) A User who is a Consumer may withdraw from the concluded Agreement if the Service Provider has failed to provide the Digital Service or Digital Content to the User, despite the User's request to do so, promptly or within the period of time expressly agreed upon by the parties.
(5) A User who is a Consumer may withdraw from the Contract without being called upon to provide the Digital Service or Digital Content if:
(a) it is clear from the Service Provider's statement that it will not deliver or Digital Service or Digital Content or.
(b) the Service Provider and the User who is a Consumer agreed that the specified date for delivery of the Digital Service or Digital Content was of material importance to the User who is a Consumer, and the Service Provider failed to deliver them within that date.
(6) If the User withdraws from the Agreement, the provisions of paragraphs 14 - 15, shall apply accordingly.
(7) The Digital Service or Digital Content complies with the Agreement if:
(a) their description, type, quantity, quality, features and availability of technical support and updates correspond to the concluded Agreement,
b) they remain useful for the purpose for which they are needed by the User,
c) they are suitable for the purposes for which the Digital Service or Digital Content of that kind is usually used,
d) have characteristics typical of a Digital Service or Digital Content of that kind and which a User who is a Consumer may reasonably expect, taking into account the nature of the Digital Service or Digital Content and the public assurances made by the Service Provider, its legal predecessors or persons acting on its behalf, in particular in advertising or on a label, unless the Service Provider demonstrates that:
i. it was not aware of the public assurance in question and, judging reasonably, could not have known of it,
ii. the public assurance was rectified prior to the conclusion of the Contract in the terms and form in which the public assurance was made, or in a comparable manner,
iii. the public assurance did not affect his decision to enter into the Contract,
iv. are consistent with the trial version or announcement that was made available to the User who is a Consumer by the Service Provider prior to the conclusion of the Contract,
v. were provided with instructions that the User who is a Consumer may reasonably expect.
(8) The Service Provider shall inform the User who is a Consumer of updates necessary for the Digital Service or Digital Content to be in compliance with the Agreement, and shall provide them to the User who is a Consumer.
(9) If the User who is a Consumer fails to install within a reasonable time the updates provided by the Service Provider in accordance with paragraph (8), the Service Provider shall not be liable for the non-compliance of the Digital Service or Digital Content with the Contract if:
(a) it informed the User who is a Consumer about the update and the consequences of not installing it,
b) the failure to install or improper installation of the update was not due to errors in the installation instructions provided by the Service Provider.
(10) If the Digital Service or Digital Content is not in compliance with the Agreement, the User who is a Consumer may demand that it be brought into compliance with the Agreement. The Service Provider shall be obliged to bring the Digital Service or Digital Content into conformity with the Agreement within a reasonable time and without undue inconvenience to such User.
(11) The Service Provider may refuse to bring the Digital Service or Digital Content into conformity with the Agreement , if bringing them into conformity with this Agreement is impossible or would require excessive costs for the Service Provider.
(12) In assessing the excessive costs, all circumstances of the case shall be taken into account, in particular the significance of the non-compliance of the Digital Service or Digital Content with the Agreement, the value of the Digital Service or Digital Content in compliance with the Agreement.
13 Only in the event of:
(a) one of the situations described in paragraphs 11 and 12 above occurs,
b) when the Service Provider has failed to bring the Digital Service or Digital Content into compliance with the Agreement in accordance with the provisions indicated in paragraphs 10 - 12 above,
c) when the failure of the Digital Service or Digital Content to conform to the Agreement is very significant,
d) when it appears from the Service Provider's statement or other circumstances that the Service Provider will not bring the Digital Service or Digital Content into conformity with the Agreement within a reasonable time or without undue inconvenience to the User who is a Consumer,
The User who is a Consumer may submit a statement to reduce the price of the Digital Service or Digital Content or withdraw from the Agreement. The reduced price shall remain in such proportion to the price under the Agreement as the value of the Digital Service or Digital Content not in compliance with the Agreement remains to the value of the Digital Service or Digital Content in compliance with the Agreement.
(14) After withdrawal from the Agreement, the Service Provider shall not use content other than personal data provided or created by the User who is a Consumer in the course of using the Digital Service or Digital Content provided by the Service Provider, except for content that:
a) are useful only in connection with the Digital Service that constituted the subject matter of the Agreement,
b) relate exclusively to the User's activity during the use of the Digital Service or Digital Content that constituted the subject matter of the Agreement,
c) have been combined by the Service Provider with other data and cannot be disconnected without undue difficulty.
d) were created by the User who is a Consumer, together with other Users who can still use them.
(15) The Service Provider shall not be entitled to demand payment for the time during which the Digital Service or Digital Content was not in compliance with the Agreement, even if the User who is a Consumer actually used them before withdrawing from the Agreement.
XV. Opinions posted on the Store
(1) The Customer of the Store has the opportunity to voluntarily and free of charge give an opinion on purchases made in the Store.
(2) The Seller, after processing the Customer's Order, sends an e-mail message to the Customer at the e-mail address provided by the Customer in the Order form, with a request to issue an opinion, along with a link to an online form for its issuance. The online form makes it possible to answer the Seller's questions about purchases in the Store, evaluate them, add your own description of the purchased Assortment, opinions and photos of the Assortment.
(3) In the absence of an opinion after receiving the first invitation to give an opinion, the Seller shall renew the invitation once, in the manner described in paragraph 2 above.
(4) The opinion can be issued only by a Customer who has purchased a particular Assortment in the Store and relate to the purchase of this Assortment.
(5) Opinions issued by the Customer are published by the Seller on the Store's website and on the Seller's profile on the TrustMate website, available at https://trustmate.io/opinie/thegloow-com. Before issuing reviews, the Customer agrees to read the terms and conditions of the TrustMate website, available at: https://trustmate.io/user-regulations.
6.Issuing an opinion may not be used by the Client for unlawful activities, in particular, for activities constituting an act of unfair competition against the Seller, or activities violating personal rights, intellectual property rights or other rights of the Seller or third parties.
(7) It is prohibited to conclude fictitious/apparent Sales Agreements for the purpose of issuing an opinion.
(8) The author of the opinion may also not be the Seller himself or his employees and associates, regardless of the basis of employment or cooperation.
9. the Seller reserves the right to reject or remove the opinion if the opinion:
a) contains content contrary to good morals and applicable law, in particular content of an erotic, racist, discriminatory, pornographic nature, inciting hatred and violence, promoting alcoholic beverages and other stimulants,
b) contains advertising or commercial content,
c) contains links to other websites than the addresses of the Store,
d) contains or suggests the names of entities competing with the Seller;
e) does not apply in whole or in part to the reviewed Assortment
f) disseminates personal data of the Customer or another person;
g) disseminates content that violates the personal rights of third parties or threatens to violate such rights;
h) contains content whose use would expose other Users to negative consequences;
i) was written by a third party claiming to be the Customer;
j) was written by an employee or associate of the Seller;
k) contains spam, flooding content.
(10) In order to fulfill the above obligations, the Customer's personal data will be processed by the Seller as their Administrator on the basis of Article 6(1)(c) of Regulation (EU) 2016/679 on the protection of natural persons in relation to the processing of personal data and on the free flow of such data (RODO), i.e. the necessity of verifying the identity of the Customer providing feedback.
XVI. Final provisions
(1) In matters not regulated by the Terms and Conditions, the applicable provisions of law shall apply, in particular the provisions of the Act of May 30, 2014 on Consumer Rights (Journal of Laws of 2014, item 827 as amended), the Act on Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204 as amended), the Act on Copyright and Related Rights of May 30, 2014. (Journal of Laws 2014, item 827 as amended) and the Civil Code Act of April 23, 1964 (Journal of Laws 2014, item 121 as amended).
(2) The court competent to resolve any disputes related to the performance of contracts entered into under these Terms and Conditions shall be the court having jurisdiction according to the registered office of the Seller. This provision does not apply to Consumers. Settlement of potential disputes arising between the Seller and the User, who is a Consumer, shall be submitted to the competent common courts in accordance with the provisions of the Code of Civil Procedure.
(3) The Seller reserves the right to amend the Terms and Conditions for important reasons, in particular changes in the law or technological changes. Contracts concluded before the amendment of the Terms and Conditions shall be governed by the Terms and Conditions in the version in force at the time of conclusion of the contract. The Seller shall inform about changes to the Regulations via the website www.thegloow.com and by sending information to the User's e-mail address. The change in the Regulations comes into force within 14 days from the date of publishing the new Regulations in the Store. If the User does not accept the change in the Regulations, he/she is entitled to terminate the Sales Agreement or the Service Agreement with immediate effect, no later than within 14 days of being informed about the change. The new provisions of the Terms and Conditions are applied to Orders placed after the effective date of the amendments to the Terms and Conditions. The Customer is bound by the version of the Terms and Conditions available in the Store at the time of placing an Order.
(4) The Seller shall make every effort to ensure that the services provided by the Store are of the highest level, however, the Seller does not exclude the possibility of temporary suspension of the availability of the Store in case of the need for maintenance, inspection, equipment replacement or in connection with the need to modernize or expand the Store.
5 The Regulations are valid until 25.10.2023.