Store Terms & Conditions
§1 Introduction
The Anaspero store regulations (hereinafter referred to as "Regulations") define the rules for using the online store https://anaspero.com/ and the terms for entering into, executing, and terminating agreements between the Seller/Service Provider and the Customer/Service Recipient.
§2 Definitions
The following terms shall have the meanings set forth below:
- Electronic address (email address): An identifier of an ICT system enabling communication via electronic means, particularly email.
- Price: The value expressed in monetary units that the Customer is obliged to pay the Seller for the Goods.
- Business days: Days from Monday to Friday, excluding public holidays.
- Proof of purchase: An invoice, receipt, or other proof provided to the Customer upon request, confirming the sale of Goods or Digital Content. The proof of purchase is issued in accordance with the Value Added Tax Act of March 11, 2004, and other applicable legal provisions.
- Consumer: A natural person who performs a legal action with the Seller that is not directly related to their business or professional activities.
- Order Form: An interactive form available on the online store domain https://anaspero.com/ that enables the placement of Orders, particularly by adding Goods to an electronic basket and specifying the terms of the Sales Agreement, including delivery and payment methods.
- PNPK: A natural person entering into a contract with the Seller where it is clear that it does not have a professional character for them, particularly arising from the subject of their business activity as disclosed in the Central Register and Information on Business Activity regulations.
- Entrepreneur: A natural person, legal entity, or organizational unit without legal personality to whom separate laws grant legal capacity, conducting business activity on their own behalf, including professional activity, who makes purchases directly related to that activity in the Store.
- Civil Code (k.c.): The Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), referred to as the Civil Code.
- Customer: (1) A natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) A legal entity; or (3) An organizational unit without legal personality to whom the law grants legal capacity – who has entered into or intends to enter into a Sales Agreement or Service Agreement with the Seller.
- Discount, discount coupon: A percentage or amount discount in the form of an electronic code that entitles the Customer to use it in the online store operated by the Seller at https://anaspero.com/.
- Account: An electronic service, designated with a unique name (login – email address) and password provided by the Service Recipient, a set of resources in the Service Provider's ICT system where data provided by the Service Recipient and information about their Orders placed in the Store are collected.
- Goods: A movable item available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
- Digital content: Data produced and delivered in digital form within the meaning of Article 2(5) of the Consumer Rights Act.
- Content: Content provided or created by the Consumer or PNPK while using digital or digital content services.
- Regulations: These Regulations available on the Website.
- GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (Official Journal of the European Union L of May 4, 2016 – hereinafter: GDPR).
- Copyright Act: The Act of February 4, 1994, on Copyright and Related Rights (consolidated text: Journal of Laws of 2022, item 2509).
- Store, Online Store: The Service Provider's online store available at https://anaspero.com/.
- Seller, Service Provider: ANASPERO SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw (02-521) at ul. Rakowiecka 39A/6, registered in the Register of Entrepreneurs of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under KRS number: 0001024896, holding NIP: 5214010300 and REGON: 52472586100000.
- Means of electronic communication: Technical solutions, including ICT devices and software tools cooperating with them, enabling individual remote communication using data transmission between ICT systems, particularly via email.
- ICT systems: A set of cooperating IT devices and software that provide processing, storage, transmission, and reception of data via telecommunications networks using a telecommunications terminal device appropriate for the type of network, as defined by the Act of July 16, 2004 – Telecommunications Law.
- Consumer Rights Act (p.k.): The Act of May 30, 2014, on Consumer Rights (consolidated text: Journal of Laws of 2023, item 2759, as amended).
- Sales Agreement: An agreement entered into between the Seller and the Customer under which the Seller transfers ownership of the Goods to the Customer.
- Service Agreement: An agreement under which the Service Provider provides electronic services to the Service Recipient.
- Service Recipient: (1) A natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) A legal entity; or (3) An organizational unit without legal personality to whom the law grants legal capacity – using or intending to use an Electronic Service.
- Electronic services: Free electronic services provided by the Service Provider to Service Recipients, particularly:
a) Account service;
b) Order Form. - Digital service: A digital service within the meaning of Article 2 point 5(a) of the Consumer Rights Act, i.e., a service that allows the Customer to:
a) Create, process, store, or access data in digital form;
b) Share digital data transmitted or created by the Customer or other users of this service;
c) Other forms of interaction using digital data. - Polish Act on Providing Services by Electronic Means (u.ś.u.d.e.): The Act of July 18, 2002, on providing services by electronic means (consolidated text: Journal of Laws of 2020, item 344).
- Order: A declaration of the Customer's will submitted via the Order Form, aimed directly at concluding a Sales Agreement for Goods between the Customer and the Seller.
§3 General Provisions
- Before entering into a Sales Agreement or a Service Agreement, the Service Recipient is obliged to read these Regulations.
- The Service Provider has made the Regulations available to Customers free of charge on the Website in a manner that allows them to be acquired, reproduced, and stored using the ICT system used by the Service Recipient.
- After entering into a Sales Agreement, the Service Provider will provide the Service Recipients with the Regulations in PDF format to the electronic addresses (emails) provided by the Service Recipients during the order placement process, along with the information referred to in Article 12(1) of the Consumer Rights Act.
- Acceptance of the Regulations is voluntary but is a condition for entering into a Service Agreement and a Sales Agreement.
- In accordance with Article 6(1) of the Act on Providing Services by Electronic Means (u.ś.u.d.e.), the Service Provider informs that the use of electronic services may involve specific risks related to the potential loss of data availability, confidentiality, or integrity. To minimize these risks, the Service Provider recommends that the Service Recipient use organizational and technical measures appropriate to the identified risks, particularly antivirus programs or tools that protect online identification.
§4 Seller's Contact Information
- Contact with the Seller is possible via:
a) Traditional mail: Anaspero sp. z o.o. with its registered office in Warsaw (02-521) at Rakowiecka 39A/6;
b) Email address: contact@anaspero.com.
§5 Electronic Services
- The Store offers the following Electronic Services:
1. Account: Using the Account is possible after completing the following steps: (1) filling out the Registration Form, (2) clicking the "Register" field, (3) reviewing the Store Regulations and Information Clause, and making a statement regarding acknowledgment of the Regulations "I have read and accept the online store regulations." In the Registration Form, the Service Recipient must provide the following information: email address and password. The Account electronic service is provided free of charge for an indefinite period. The Service Recipient can delete the Account (opt-out of the Account) at any time and without giving a reason by sending a relevant request to the Service Provider, particularly via email to: contact@anaspero.com.
2. Order Form: Using the Order Form is possible without creating an Account and starts when the Customer adds the first item to the electronic basket in the Store. Placing an Order occurs after the Customer completes two steps: (1) filling out the Order Form and (2) clicking the "Order and pay" field on the online store page after completing the Order Form – until this point, it is possible to independently modify the entered data (to do this, follow the displayed messages and information available on the online store page).
3. In the Order Form, the Customer must provide the following information: email address, first and last name, contact phone number, address (street, building/apartment number, postal code, city, country), and details related to the Sales Agreement: Goods, quantity of Goods, place and method of delivery of the Goods, payment method. If an invoice is desired, it is also necessary to provide the company name and NIP number. The Order Form electronic service is provided free of charge, is a one-time service, and ends when the Order is placed through it or when the Service Recipient stops placing the Order through it.
4. The Seller takes steps to ensure the Store's proper operation. The Customer shall promptly inform the Seller of any irregularities in the Store's functioning. The Seller may perform technical, maintenance, and development work in the Store, particularly involving adding, changing, or removing Store functionalities.
§6 Technical Requirements
- To use the Store, the Service Recipient should meet the following technical requirements:
a) Have a device with permanent access to the Internet (e.g., computer, laptop, smartphone);
b) Install an up-to-date version of a web browser on the device mentioned in point a), particularly Google Chrome, Mozilla Firefox, Samsung Internet, Opera, Safari;
c) Accept the cookies necessary for using the Store;
d) Have an active email address during the period of concluding and executing the Service Agreement or Sales Agreement that enables receiving and sending messages via electronic means of communication in the form of email. - The Service Recipient is obliged to use the Store in compliance with the law and good customs, considering respect for personal rights and intellectual property rights of the Service Provider and third parties. The Service Recipient must provide data in accordance with the actual state of affairs. The Service Recipient is prohibited from providing unlawful content, particularly:
a) Content prohibited by mandatory provisions of law;
b) Content against social coexistence rules;
c) Content of a racist nature;
d) Content inciting violence against people or animals.
§7 Conclusion of the Service Agreement
- To make purchases in the Online Store, the Service Recipient is entitled to create an Account. The Account provides features such as placing orders, accessing order history, checking shipment status, and editing data.
- Creating an Account is voluntary and free of charge.
- To create an individual Account, the Customer should fill out the registration form, accept these Regulations, and review the Privacy Policy.
- Information related to the Account creation will be sent to the email address provided by the Customer.
- After registering on the Website, each login is done using the data provided in the registration form or subsequently changed using the Account settings.
- At the time of creating an Account, i.e., after performing the actions mentioned in § 5 section 1, a Service Agreement is concluded between the Service Recipient and the Service Provider for an indefinite period, the subject of which is the maintenance of the Account under the conditions set out in these Regulations.
- The Service Provider states that providing an email address by the Service Recipient is necessary to perform the Account maintenance service.
- The Service Recipient has the right to register only one Account.
- The Account is accessible to those who log in using their email address and password. The Service Recipient undertakes not to disclose their email address and password to third parties. The Service Provider is not responsible for the consequences of sharing the data specified in this paragraph.
- The Customer may terminate the Service Agreement at any time by using the Withdrawal Form Template (“Return Form" at the bottom of this webpage) – Appendix 1 to these Regulations.
- To delete an Account, the Customer must inform the Seller of the intention to delete the Account in writing or via email.
- The Seller informs that deleting the Customer's Account may hinder or prevent the Customer from accessing the functionalities provided by the Seller, such as tracking order history.
- The Service Provider may terminate the Service Agreement for the Online Store with immediate effect if the Customer uses the Store contrary to the law, good customs, or the Regulations, particularly if the Customer:
a) Provided false personal data;
b) Uses the Online Store in a manner that disrupts the functioning of the Online Store;
c) Uses the Online Store in a way that makes it difficult for other Customers to use the Online Store.
§8 Complaints
- The Customer is entitled to file a complaint regarding Electronic Services or Goods:
a) Using electronic means of communication to the email address: contact@anaspero.com;
b) In writing to the address of the Seller's registered office: Anaspero sp. z o.o., Rakowiecka 39A/6, Warsaw (02-521). - The Seller recommends that the Customer include the following information in the complaint:
a) Name, surname;
b) Contact details;
c) A brief description of the situation;
The Customer may use the Complaint Form, which is Appendix 2 to the
Regulations. The Complaint Form is available at the bottom of this webpage. - The Seller will immediately confirm receipt of the complaint to the Customer's email address provided (email).
- The Seller will inform the Customer of the outcome of the complaint procedure within 14 days of receiving the shipment via email.
- The complaint will be resolved by the Seller within 14 days of its receipt. If the complaint is found to be justified, the Seller will compensate the Customer within 14 days by repairing the complained item, sending a new copy of the item, or refunding the money to the specified bank account number. If the complaint is unjustified, the Seller will provide the Customer with a justification of the decision within 14 days and will return the complained item to the Customer within 14 business days – the shipping costs of the item in the case of an unjustified complaint are borne by the Customer.
- If the Seller fails to deliver the Goods or digital services, the Consumer or PNPK may demand their delivery. If, despite the demand, the Seller does not deliver the Goods or digital services immediately or within an additional period agreed upon by the parties, the Consumer or PNPK may withdraw from the Sales Agreement or Service Agreement. The Consumer or PNPK may withdraw from the Sales Agreement or Service Agreement without demanding the Seller:
a) If it is clear from the Seller's statement or the circumstances that the Seller will not deliver the Goods or digital services.
b) The parties agreed, or it is clear from the circumstances of the conclusion of the Sales Agreement or Service Agreement, that the delivery date of the Goods or digital services was of significant importance to the Consumer or PNPK, and the Seller did not deliver them by that date.
§9 Ordering Goods
- To enter into an Agreement, the Customer should place an order through the website: https://anaspero.com, in accordance with the provisions below.
- Goods in the Store are clearly marked, and the Store page provides information about the Goods' properties, prices, composition, etc.
- When ordering a Good, the Customer makes their choice appropriate for the specific item, specifying the quantity (in pieces) of the ordered Good, and, if necessary, providing other additional information required to properly place the order.
- The price displayed on the Store's website is given in Euros and includes taxes. The Customer is informed of the total Price, including taxes of the Goods covered by the Order, as well as the delivery costs (including delivery fees) and other costs on the Store's website when placing the Order, including when the Customer expresses the will to conclude the Sales Agreement.
- Orders can be placed by
a) Using the "LOG IN" option after creating an Account;
b) By selecting the "SHOP WITHOUT REGISTRATION" option via the Order Form available on the Store's website. - To place an order, the following conditions must be met:
a) Select the Good(s) using the Order Form, including choosing the quantity, and click "Add to cart";
b) After selecting all Goods and wanting to complete the purchase procedure, click on the Cart icon and then select "Place order." At this stage, it is also possible to use a discount coupon if the Customer has one. To enter the discount coupon, click "I have a discount coupon" and then "use." Next, click "Order and pay";
c) Depending on whether the order is placed by a Customer with an account, provide the login and password to the Customer's Account or/and details such as name, surname, address (country/region, street, postal code, city), phone number, email address;
d) If an invoice is to be issued for the order, it is necessary to provide: the Customer's company name, VAT ID, registered office address (street, house/apartment number, postal code, city), phone number, email address;
e) Select the payment method and, depending on the choice, pay for the Good;
f) Choose the delivery method;
g) Make a declaration of having read the Online Store Regulations "I have read and accept the terms of the Regulations." - After placing an Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. The confirmation of receipt and acceptance of the Order is made by sending the appropriate email message to the Customer's email address provided during the Order placement, which includes at least the Seller's statement of receiving the Order, its acceptance for processing, and confirmation of the conclusion of the Sales Agreement.
- According to the Customer's request, the Seller will provide a Proof of purchase for the delivered Goods along with the Goods.
§10 Promotions, Contests, Loyalty Program
- The Seller reserves the right to conduct and cancel promotional campaigns at specified time intervals or until stocks are exhausted.
- Promotions and discounts cannot be combined unless otherwise specified in the promotional campaign regulations.
- Any changes in the prices of Goods are effective from the moment they are introduced on the https://anaspero.com website and do not apply to Orders placed before their introduction unless the Seller decides otherwise.
- The Seller has the right to organize occasional contests, the conditions of which will be specified on the Website.
- The Seller may enable the Customer to participate in a loyalty program, the conditions of which will be provided on the Website.
§11 Methods and Payment Deadlines for Goods
- The Seller provides the Customer with the following payment methods for the Sales Agreement:
a) Electronic payments through the service operated by Paypal;
b) Electronic payments through the service operated by STRIPE, which also offers payment methods using credit cards, Przelewy24, ApplePay and GooglePay. Detailed rules for using the payment methods provided by external suppliers are defined in the respective regulations provided by the entity. The Seller is not responsible for the payment process's execution by external suppliers.
c) Electronic payments through the service operated by Przelewy24 – PayPro S.A. with its registered office in Poznań, at ul. Kanclerska 15, 60-327 Poznań, entered into the Register of Entrepreneurs of the National Court Register maintained by the District Court of Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division of the National Court Register, under KRS 0000347935, VAT nr. 7792369887, which also offers payment methods using a payment card and via eTransfers. Detailed rules for using the payment methods provided by external suppliers are defined in the respective regulations provided by the entity. The Seller is not responsible for the payment process's execution by external suppliers. - If the Customer chooses to pay by transfer or electronic payments, the Customer is obliged to make the payment within 7 business days from the date of concluding the Sales Agreement. If the payment is not made within the above period, the Customer will be requested to make it with an additional deadline. In case of non-payment, the Seller has the right to withdraw from the concluded Sales Agreement. If the Customer chooses payment by transfer or electronic payments, the order is processed after the payment for the Goods is received.
- The price of the Goods does not include delivery costs, except orders above 150 EURO where DHL Standard delivery in the EU (except Poland) is complementary. InPost delivery in Poland for orders above 100 EUR are complimentary. The total order cost includes the price of the ordered Goods and delivery costs and other costs specified in these Regulations.
- The Seller may grant the Customer discounts and rebates at its discretion, under the conditions specified in separate promotional regulations. The Customer is not entitled to claim any reductions or other preferences.
- In the event of a Price reduction, the Seller will include information on the lowest Price in the last 30 (thirty) days preceding the Price reduction next to the reduced Price. If the Goods are offered for a period shorter than 30 (thirty) days, the Seller will indicate the lowest Price that applied during the period from the date the Goods were offered until the Price reduction next to the reduced Price.
§12 Methods and Delivery Terms
- The delivery of Goods is available within the territory of the European Union.
- Delivery of Goods to the Customer is paid for, and the cost is added to the Price of the Goods during the ordering process. The delivery costs are borne by the Customer unless otherwise indicated by the Seller on the Store's pages. The delivery costs (including transport, delivery, and postal services) are indicated to the Customer during the Order process, including when the Customer expresses their intention to enter into the Sales Agreement. The delivery cost depends on the size of the Order and the chosen delivery method.
- The Seller provides the Customer with the following delivery methods:
a) Courier shipment;
b) Parcel locker. - The delivery time is the period from the moment of payment until the Goods are in the hands of the Customer. The estimated delivery time is from 48 hours to several days, depending on the delivery location of the goods.
- If the Customer is a Consumer, the Seller is obliged to deliver the Goods to the Consumer immediately, no later than thirty days from the conclusion of the contract, unless individual arrangements between the parties provide otherwise.
- The beginning of the delivery period for the Goods to the Customer is calculated as follows: In the case of payment by bank transfer, electronic payment, or credit card – from the date the payment is credited to the Seller's bank account or settlement account.
§13 Liability for Conformity with the Contract
- The Seller's liability for damages due to non-performance or improper performance of the Seller's obligations is excluded, except for liability for damage caused by the Seller's intentional fault, in accordance with Article 473 § 2 of the Civil Code.
- The limitation of liability specified in paragraph 1 does not apply to Consumers or PNPK.
- The warranty for defects of Goods, digital services, and digital content is excluded for Customers who are not Consumers or PNPK.
- The Seller is obliged to deliver Goods, digital services, or digital content to the Consumer or PNPK that conform with the contract.
- The rights of Consumers or PNPK resulting from non-conformity of the Goods, digital services, or digital content with the contract are regulated in the Consumer Rights Act and are detailed in § 14a-14c of these Regulations.
§14a Repair or Replacement of Goods
- If the Goods do not conform to the Sales Agreement, the Consumer or PNPK may request their repair or replacement.
- The Seller may replace the Goods when the Consumer or PNPK requests a repair, or the Seller may repair the Goods when the Consumer or PNPK requests a replacement if bringing the Goods into conformity with the Sales Agreement in the manner chosen by the Consumer or PNPK is impossible or would incur excessive costs for the Seller. If both repair and replacement of the Goods are impossible or would incur excessive costs for the Seller, the Seller may refuse to bring the Goods into conformity with the Sales Agreement.
- When assessing the excessiveness of costs, the Seller considers all circumstances of the case, including:
a) the significance of the non-conformity of the Goods with the Sales Agreement,
b) the value of the Goods conforming to the Sales Agreement, and
c) the inconvenience to the Consumer or PNPK resulting from changing the method of bringing the Goods into conformity with the Sales Agreement. - The Seller will repair or replace the Goods within a reasonable time from the moment the Seller is informed by the Consumer or PNPK about the non-conformity of the Goods with the Sales Agreement, and without undue inconvenience to the Consumer or PNPK, taking into account the nature of the Goods and the purpose for which the Consumer or PNPK acquired them. The Seller bears the costs of repair or replacement, including, in particular, postage, transportation, labor, and materials costs.
- The Consumer or PNPK makes the Goods subject to repair or replacement available to the Seller. The Seller will collect the Goods from the Consumer or PNPK at its own expense.
- The Consumer or PNPK is not required to pay for normal use of the Goods that are subsequently replaced.
- The Consumer or PNPK may withhold payment of the price until the Seller fulfills its obligations under this section.
§14b Statement on Price Reduction or Withdrawal from the Sales Agreement
- If the Product is not in conformity with the Sales Agreement, the Consumer or PNPK, in accordance with Article 43e(1) of the Consumer Rights Act, may make a declaration to reduce the price or withdraw from the Sales Agreement when:
a) The Seller has refused to bring the Product into conformity with the Sales Agreement;
b) The Seller has refused to bring the Product into conformity with the Agreement;
c) The lack of conformity of the Product with the Sales Agreement continues, despite the Seller's attempts to bring the Product into conformity with the Sales Agreement;
d) The lack of conformity of the Product with the Sales Agreement is so significant that it justifies a reduction of the price or withdrawal from the Sales Agreement without first resorting to remedies involving the repair or replacement of the Product;
e) It is clearly evident from the Seller's statement or circumstances that the Seller will not bring the Product into conformity with the Sales Agreement within a reasonable time or without excessive inconvenience to the Consumer or PNPK. - The reduced price of the Product must be in proportion to the price under the Sales Agreement, reflecting the value of the Product not in conformity with the Sales Agreement compared to the value of the Product in conformity with the Sales Agreement.
- The Seller shall reimburse the Consumer or PNPK the amounts due as a result of exercising the right to a price reduction without delay, and no later than within 14 business days from the date of receipt of the Consumer's or PNPK's statement on the price reduction.
- The Consumer or PNPK cannot withdraw from the Sales Agreement if the lack of conformity of the Product with the Sales Agreement is insignificant. It is presumed that the lack of conformity of the Product with the Sales Agreement is significant.
- If the lack of conformity with the Sales Agreement concerns only some of the Products delivered under the Sales Agreement, the Consumer or PNPK may withdraw from the Sales Agreement only concerning those Products and also concerning other Products acquired by the Consumer or PNPK along with the non-conforming Products, if it cannot be reasonably expected that the Consumer or PNPK would agree to keep only the Products conforming to the Sales Agreement.
- In the event of withdrawal from the Sales Agreement, the Consumer or PNPK shall promptly return the Product to the Seller at the Seller's expense. The Seller shall refund the price to the Consumer or PNPK without delay, and no later than within 14 business days from the date of receipt of the Product or proof of its return.
- The Seller shall refund the price using the same payment method used by the Consumer or PNPK unless the Consumer or PNPK has expressly agreed to a different method of refund that does not incur any costs for them.
- The Consumer or PNPK may withhold payment of the price until the Seller has fulfilled the obligations set out in this paragraph.
§14c Non-Conformity with the Service Agreement
- If the digital content or digital service does not conform to the Service Agreement, the Consumer or PNPK may request that it be brought into conformity with the Service Agreement.
- The Service Provider may refuse to bring the digital content or digital service into conformity with the Service Agreement if doing so is impossible or would incur excessive costs for the Service Provider.
- When assessing the excessiveness of costs for the Service Provider, all circumstances of the case are considered, particularly:
a) the significance of the non-conformity of the digital content or digital service with the Service Agreement, and
b) the value of the digital content or digital service that conforms to the Service Agreement. - The Service Provider will bring the digital content or digital service into conformity with the Service Agreement within a reasonable time from the moment the Service Provider is informed by the Consumer or PNPK about the non-conformity with the Service Agreement, and without undue inconvenience to the Consumer or PNPK, considering their nature and the purpose for which they are used. The Service Provider bears the costs of bringing the digital content or digital service into conformity with the Service Agreement.
§15 Out-of-Court Dispute Resolution
- The Seller informs that a Consumer or PNPK Client has the right to out-of-court resolution of complaints and claims.
- Consumers or PNPK Clients may use out-of-court dispute resolution methods, particularly:
a) through permanent consumer arbitration courts operating at the Voivodeship Inspectorates of Trade Inspection. Detailed information on access methods and applicable procedures is available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasądowe_rozwiazywanie_sporow_konsumenckich.php;
b) through mediation conducted by the Voivodeship Inspectorates of Trade Inspection and their local branches. A mediator, being an employee of the inspectorate, will handle the dispute while maintaining impartiality and fairness. Detailed information on access methods and applicable procedures are available at the offices and on the websites of the respective Voivodeship Inspectorates of Trade Inspection. - Consumers or PNPK may also seek assistance from the county consumer ombudsman. County consumer ombudsmen are available at district offices or city halls (in cities with county rights). Detailed information is available at: https://uokik.gov.pl/rzecznicy.php.
- Consumers or PNPK have the right to file a complaint via the EU's Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
§16 Right of Withdrawal from the Agreement
- A Consumer or PNPK who has entered into a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified below. To meet the withdrawal deadline, it is sufficient to send a statement before its expiration. The withdrawal statement may be sent to: Anaspero sp. z o.o., based in Warsaw (02-521) at Rakowiecka 39A/6, or electronically via email to: contact@anaspero.com.
- The right of withdrawal pertains only to items that do not wear any signs of use and have all tags attached to the product. Dirty or faulty products will not be accepted.
- A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is also available as Annex 1 to this Regulation. The Consumer or PNPK may use the sample form, but it is not obligatory.
- The withdrawal period begins:
a) for a contract under which the Seller delivers the Goods, being obliged to transfer their ownership (e.g., Sales Agreement) - from the moment the Consumer or PNPK or a third party other than the carrier indicated by them takes possession of the Goods;
b) in the case of a contract that (1) covers multiple Goods delivered separately, in batches, or in parts - from taking possession of the last Goods, batch, or part, or (2) involves regular delivery of Goods over a specified period - from taking possession of the first of the Goods;
c) for other contracts - from the day the contract is concluded. - In the event of withdrawal from a distance contract, the contract is considered not concluded.
- The Seller must promptly, no later than within 14 calendar days from the date of receiving the Consumer's or PNPK's statement of withdrawal, refund all payments made by the Consumer or PNPK, including the cost of delivering the Goods (except for additional costs arising from the Client's choice of a delivery method other than the least expensive standard delivery method available in the Store).
- The Seller makes the refund using the same payment method used by the Consumer or PNPK unless the Consumer or PNPK explicitly agrees to a different refund method that does not incur any costs for them.
- If the Seller has not offered to collect the Goods themselves, they may withhold the refund of payments received from the Consumer or PNPK until they have received the Goods back or the Consumer or PNPK has provided proof of sending the Goods back, depending on which event occurs first.
- The Consumer or PNPK must return the Goods to the Seller without delay, no later than 14 calendar days from the day they withdrew from the contract. To meet the deadline, it is sufficient to send the Goods back before the period expires. The Consumer or PNPK can return the Goods to the address: Anaspero sp. z o.o., based in Warsaw (02-521) at Rakowiecka 39A/6. The Consumer or PNPK bears the direct costs of returning the Goods.
- The Consumer or PNPK is responsible for any diminished value of the Goods resulting from handling them in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.
- The right to withdraw from a distance contract does not apply to the Consumer or PNPK regarding contracts:
a) where the subject of the service is a non-prefabricated item, produced according to the Consumer's or PNPK's specification or serving to meet their individual needs;
b) where the subject of the service consists of items that, after delivery, due to their nature, are inseparably connected with other items;
c) where the subject of the service is an item delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons if the packaging was opened after delivery;
d) for the delivery of digital content not supplied on a tangible medium, for which the Consumer or PNPK is required to pay a price if the Seller has begun the service with the explicit consent of the Consumer or PNPK, who has been informed before the service begins that they would lose the right to withdraw from the contract upon its fulfillment by the Seller and acknowledged this information, and the Seller has provided confirmation of receiving consent on a durable medium in accordance with Article 15(2) or Article 21 of the Consumer Rights Act.
§17 Personal Data
- Information that the Service Provider is required to provide to Clients in accordance with Article 13 of the GDPR is available in the privacy policy.
- The Website uses cookie technology.
- The privacy and cookie policy is available at https://anaspero.com/pages/privacy-and-cookies-policy.
§18 Intelellectual property rights
- The Service Provider states that the digital content, particularly all product photos and other materials, texts, product descriptions, graphics, and logos placed in the Store, are the property of the Service Provider or have been used with the consent of third parties holding copyright or other intellectual property rights. Therefore, they may constitute works within the meaning of the Act of 4 February 1994 on copyright and related rights, to which copyright belongs to the Service Provider or other authorized entities, and also databases protected under the provisions on the protection of databases.
- The Service Provider informs the Client that the use of content covered by copyright or use of databases by the Client without the written consent of the Service Provider or another authorized entity, except for use within the scope of permitted personal use, constitutes a violation of intellectual property rights and may result in civil or criminal liability.
- The Service Provider may enter into a separate license agreement with the Client concerning the use of content or databases belonging to the Service Provider (e.g., by using photographs, using descriptions, etc.). To conclude such an agreement, the Client should contact the Service Provider with a proposal to enter into a license agreement, informing the Service Provider, in particular, about the purposes for which they intend to use the content or databases belonging to the Service Provider and the expected period of use. Upon receiving such a proposal, the Service Provider will present an offer in accordance with its licensing policy.
§19 Changes to the Regulations
- The Service Provider is entitled to amend the Regulations for important reasons, in particular due to:
a) the need to adapt the Regulations to changes in law, recommendations, interpretations, or guidelines of competent courts or authorities;
b) issuance of a ruling by a competent common court or issuance of a decision by a competent authority that may affect the rights or obligations of the Client or Service Provider;
c) changes in the rules of conducting the Service Provider's business, including payment and delivery methods – insofar as these changes affect the implementation of the provisions of these Regulations;
d) changes to the Store's functionalities. - The amended Regulations will be published in the Store at https://anaspero.com. Each version of the Regulations will indicate the date from which they apply.
- Additionally, the Service Provider will notify the Client about the planned change of the Regulations to the email address provided by the Client.
- The amended Regulations will come into force 14 (fourteen) days from the date of notification to the Client in accordance with paragraph 3, unless the shortening of the period is necessary due to mandatory provisions or obligations imposed on the Service Provider based on a court ruling or authority's decision.
- The Client who is a Consumer or PNPK may consent to the change of the Regulations or refuse to give consent and withdraw from the provision of Electronic Services. If the Consumer or PNPK does not accept the change of the Regulations, they will inform the Service Provider of their decision in a manner of their choice.
- In the case of agreements of a nature other than continuous agreements (e.g., Sales Agreements) concluded on the basis of these Regulations, changes to the Regulations will not in any way affect the rights acquired by Consumers or PNPK before the date of entry into force of the changes to the Regulations, in particular, changes to the Regulations will not affect already placed or submitted Orders and concluded, executed, or completed Sales Agreements.
§20 Final Provisions
- The Regulations are governed by Polish law and have been drawn up in accordance with Polish law.
- Agreements concluded via the Online Store are concluded in the Polish language.
- Matters not covered by the Regulations shall be governed by the applicable provisions of Polish law.
- Disputes between the Seller/Service Provider and a client/Service Recipient who is not a consumer or quasi-consumer will be resolved by the common court competent for the seat of the Service Provider. For disputes with a Consumer or PNPK, the jurisdiction of the court will be determined based on general principles.
- The Regulations are effective as of 1.10.2024.
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