TERMS AND CONDITIONS OF THE ONLINE STORE XANNA.EU
TABLE OF CONTENTS:
1. GENERAL PROVISIONS2. ELECTRONIC SERVICES IN THE ONLINE STORE
3. TERMS AND CONDITIONS FOR ENTERING INTO A SALES AGREEMENT
4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
5. COST, METHODS, AND DELIVERY DATE OF THE PRODUCT
6. COMPLAINT HANDLING PROCEDURE
7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND ASSERTING CLAIMS, AND RULES FOR ACCESS TO THESE PROCEDURES
8. RIGHT OF WITHDRAWAL FROM THE AGREEMENT
9. PROVISIONS REGARDING BUSINESSES
10. RULES FOR USING THE PRODUCT – DIGITAL CONTENT AND SERVICES
11. PRODUCT REVIEWS
12. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE TERMS OF SERVICE
13. HANDLING OF USED ELECTRICAL AND ELECTRONIC EQUIPMENT, AS WELL AS BATTERIES AND RECHARGEABLE BATTERIES
14. FINAL PROVISIONS
15. MODEL WITHDRAWAL FORM
These Online Store Terms and Conditions were prepared by the legal team at Prokonsumencki.pl. The Online Store www.xanna.eu protects consumer rights. Consumers may not waive the rights granted to them under the Consumer Rights Act. Any contractual provisions less favorable to the consumer than those of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act shall apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any consumer rights granted to them under mandatory provisions of law, and any potential ambiguities must be interpreted in favor of the consumer. In the event of any conflict between the provisions of these Terms and Conditions and the aforementioned provisions, the latter shall prevail and shall be applied.
1. GENERAL PROVISIONS
1.1. The Online Store available at www.xanna.eu is operated by XANNA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw (registered office address and address for service: ul. Przy Agorze 13C/1, 01-960 Warsaw); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000545289; the registry court where the company’s documentation is kept: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital in the amount of: PLN 5,000.00; Tax Identification Number (NIP): 5223023667; National Business Registry Number (REGON): 360881786, email address: sales@xanna.pl, and contact telephone number: +48 822 371 703.1.2. These Terms and Conditions apply to both consumers and business entities using the Online Store, unless a specific provision of these Terms and Conditions states otherwise.
1.3. The Seller is the controller of the personal data processed in the Online Store in connection with the implementation of these Terms and Conditions. Personal data is processed for the purposes, for the duration, and on the legal grounds and in accordance with the principles set forth in the privacy policy published on the Online Store’s website. The Privacy Policy primarily contains rules regarding the processing of personal data by the Controller in the Online Store, including the legal basis, purposes, and duration of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. Use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions specified in the privacy policy (conclusion of a contract and the Seller’s statutory obligations).
1.4. Definitions:
1.4.1. DIGITAL SERVICES ACT, the Act – Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on the Digital Services Single Market and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 10/27/2022, pp. 1–102).
1.4.2. CHAT – Electronic Service, an interactive form available in the Online Store enabling direct contact with the Service Provider in real time.
1.4.3. BUSINESS DAY – any day from Monday to Friday, excluding public holidays.
1.4.4. REGISTRATION FORM – a form available in the Online Store that allows you to create an Account.
1.4.5. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to an electronic shopping cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.6. 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 which the law grants legal capacity – which has entered into or intends to enter into a Sales Agreement with the Seller.
1.4.7. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964 No. 16, item 93, as amended).
1.4.8. ACCOUNT – an Electronic Service, a collection of resources within the Service Provider’s information and communication system, identified by an individual name (username) and password provided by the Service Recipient, in which data provided by the Service Recipient and information about Orders placed by them in the Online Store are stored.
1.4.9. ILLEGAL CONTENT – information which, in and of itself or by reference to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with European Union law or with the law of any Member State that is in compliance with European Union law, regardless of the specific subject matter or nature of such law.
1.4.10. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e., one that contains digital content or a digital service, or is linked to them in such a way that the absence of the digital content or digital service would prevent its proper functioning), (2) digital content, (3) a service (including a digital service and a non-digital service), or (4) a right that is the subject of the Sales Agreement between the Customer and the Seller.
1.4.11. TERMS AND CONDITIONS – these Terms and Conditions of the Online Store.
1.4.12. ONLINE STORE – the Service Provider’s online store available at the following web address: www.xanna.eu.
1.4.13. SELLER; SERVICE PROVIDER – XANNA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, with its registered office in Warsaw (registered office address and address for service: ul. Przy Agorze 13C/1, 01-960 Warsaw); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000545289; the registry court where the company’s records are kept: District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register; share capital: PLN 5,000.00; Tax Identification Number (NIP): 5223023667; REGON: 360881786, email address: sales@xanna.pl, and contact phone number: +48 822 371 703.
1.4.14. SALES AGREEMENT – (1) a sales agreement for a Product (in the case of movable property and movable property with digital elements), (2) a contract for the delivery of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a non-digital service and other Products) entered into or concluded between the Customer and the Seller via the Online Store.
1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and which is not a Product.
1.4.16. 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 which the law grants legal capacity – using or intending to use the Electronic Service.
1.4.17. CONSUMER RIGHTS ACT – the Act of May 30, 2014, on Consumer Rights (Journal of Laws 2014, item 827, as amended)
1.4.18. ORDER – a declaration of intent by the Customer submitted via the Order Form and aimed directly at concluding a Product Sales Agreement with the Seller.
2. ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Chat, Account, and Order Form.2.1.1. Chat – the Service User may use the Chat after completing a total of three consecutive steps: (1) clicking the message bubble icon, (2) entering the message content; and (3) clicking the action button on the keyboard. In the form, the Service Recipient must provide the following information: first name, email address, message subject, and message content.
2.1.1.1. After using the Chat, it is possible to receive a transcript via email. Obtaining the transcript requires the Service User to complete a total of four consecutive steps: (1) clicking the icon depicting three dots stacked one below the other, (2) clicking the “Send Transcript” button, (3) entering the email address to which the transcript should be sent, and (4) clicking the action button.
2.1.1.2. The Electronic Chat Service is provided free of charge; it is a one-time service and terminates upon the conclusion of the conversation between the Service Recipient and the Service Provider via the Service, or upon the earlier cessation of inquiries submitted via the Service by either the Service Recipient or the Service Provider.
2.1.2. Account – the Account can be used after the Service Recipient completes two consecutive steps: (1) filling out the Registration Form and (2) clicking the “Register” button. The Account may also be used by checking the appropriate checkbox when placing an Order—an Account is created for the Service Recipient upon placing the Order. In the Registration Form, the Service Recipient must provide the following information: username, first name, last name, email address, and password. For Service Recipients who are not consumers, it is also necessary to provide the company name and tax identification number.
2.1.2.1. The Electronic Account service is provided free of charge for an indefinite period. The User may, at any time and without providing a reason, delete the Account (cancel the Account) by sending a request to the Service Provider, in particular via email to: sales@xanna.pl or in writing to the address: ul. Przy Agorze 13C/1, 01-960 Warsaw.
2.1.3. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping cart in the Online Store. An Order is placed after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the “Buy and Pay” button on the Online Store’s website after filling out the Order Form – until this point, the Customer may modify the entered data (to do so, follow the on-screen prompts and information available on the Online Store’s website). In the Order Form, the Customer must provide the following information regarding the Customer: first and last name/company name, address (street, house/apartment number, ZIP code, city, country), email address, and information regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), and payment method. For Customers who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
2.1.3.1. The Electronic Order Form service is provided free of charge; it is a one-time service and terminates upon the submission of an Order through the service or upon the Service Recipient’s earlier cessation of placing Orders through the service.
2.2. Technical requirements necessary for interaction with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) a web browser in its current version: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) recommended minimum screen resolution: 1024×768; (5) enabling the storage of cookies and JavaScript support in the web browser.
2.3. The Customer is obligated to use the Online Store in a manner consistent with the law and good customs, respecting the personal rights, copyrights, and intellectual property of the Service Provider and third parties. The User is obligated to provide data that is consistent with the facts. The User is prohibited from providing unlawful content, including Illegal Content.
2.4. The complaint procedure regarding Electronic Services is set forth in Section 6 of the Terms and Conditions.
3. TERMS AND CONDITIONS FOR ENTERING INTO A SALES AGREEMENT
3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with Section 2.1.3 of the Terms and Conditions.3.2. The Product Price [P1.1][P1.2] [AG1.3] or the price of the Product displayed on the Online Store’s website is given in euros and includes taxes. The total price or amount, including taxes, and—where the nature of the Product does not, upon reasonable assessment, allow for the prior calculation of such amounts—the method by which they will be calculated, as well as delivery costs (including fees for transport, delivery, or postal services) and other costs, and where the amount of such fees cannot be determined—the obligation to pay them, the Customer is informed on the Online Store’s pages, including during the placement of the Order and at the moment the Customer expresses their intention to be bound by the Sales Agreement. In the case of a Product Sales Agreement concluded for an indefinite period or involving a subscription, the Seller shall specify in the same manner the total price or remuneration covering all payments for the billing period, and where the Sales Agreement provides for a fixed rate—also the total monthly payments.
3.3. Procedure for Entering into a Sales Agreement in the Online Store Using the Order Form
3.3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with Section 2.1.3 of the Terms and Conditions.
3.3.2. After an Order is placed, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for fulfillment is made by the Seller sending the Customer an appropriate email to the email address provided during the placement of the Order, which contains at least the Seller’s statements regarding receipt of the Order and its acceptance for fulfillment, as well as confirmation of the conclusion of the Sales Agreement. Upon the Customer’s receipt of the aforementioned email, a Sales Agreement is concluded between the Customer and the Seller.
3.4. The content of the Sales Agreement is recorded, secured, and made available to the Customer by (1) posting these Terms and Conditions on the Online Store’s website and (2) sending the Customer the email referred to in Section 3.3.2 of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the Seller’s Online Store’s IT system.
4. PAYMENT METHODS AND TERMS FOR THE PRODUCT
4.1. The Seller offers the Customer the following payment methods under the Sales Agreement:4.1.1. Payment by bank transfer to the Seller’s bank account.
4.1.2. Electronic payments and credit card payments via Stripe.com and Google Pay – the currently available payment methods are specified on the Online Store’s website in the information tab regarding payment methods and on the websites https://www.stripe.com and https://payments.google.com/payments/ apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=pl.
4.1.2.1. Settlements for transactions made via electronic payments and payment cards are processed, at the Customer’s discretion, through Stripe.com or Google Pay. Electronic and payment card payment processing is provided by:
4.1.2.1.1. Stripe.com – Stripe Payments Europe, Ltd. (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland).
4.1.2.1.2. Google Pay – Google Ireland Limited, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland. A company registered and operating under the laws of Ireland (Registration Number: 368047 / VAT Number: IE6388047V).
4.2. Payment deadline:
4.2.1. If the Customer chooses to pay by bank transfer, electronic payment, or credit card, the Customer is required to make the payment within 7 calendar days from the date of conclusion of the Sales Agreement.
5. COST, METHODS, AND DELIVERY DATE OF THE PRODUCT
5.1. Product delivery is available within the European Union.5.2. Delivery of the Product to the Customer is subject to a fee, unless the Sales Agreement provides otherwise. The costs of Product delivery (including fees for transport, delivery, and postal services) are indicated to the Customer on the Online Store’s website in the information tab regarding delivery costs and during the Order placement process, including at the moment the Customer expresses their intention to be bound by the Sales Agreement.
5.3. Electronic delivery is free of charge.
5.4. The Seller offers the Customer the following Product delivery methods:
5.4.1. Courier delivery.
5.4.2. Electronic delivery. 5.4.2.1. Electronic delivery involves sending the Product to the Customer via email or providing a unique web link (URL) that allows the Product to be downloaded or accessed.
5.4.2.2. If a unique web link (URL) is provided to download or access the Product, the Seller guarantees its proper functioning for a period of at least 6 months from the date of provision. The Seller recommends downloading the Product and saving it digitally on a computer during this period. After this period, if the Customer is unable to download the Product via the unique web link (URL), they may request that the Seller make the Product available again.
5.5. The delivery time for the Product to the Customer is up to 14 Business Days, unless a shorter period is specified in the Product description or during the Order placement process. For Products with different delivery times, the delivery time is the longest specified time, which, however, may not exceed 14 Business Days. The start of the Product delivery period to the Customer is calculated as follows:
5.5.1. If the Customer chooses to pay by bank transfer, electronic payment, or payment card, the payment is effective as of the date the Seller’s bank account or settlement account is credited.
5.6. The delivery time for the Product via electronic delivery to the Customer is up to 7 Business Days[P4.1][AG4.2] from the moment the payment is credited to the Seller’s settlement account.
6. COMPLAINT HANDLING PROCEDURE
6.1. This Section 6 of the Terms and Conditions sets forth the complaint handling procedure applicable to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller’s or the Online Store’s operations.6.2. A complaint may be submitted, for example:
6.2.1. in writing to the address: ul. Przy Agorze 13C/1, 01-960 Warsaw;
6.2.2. electronically via email to the address: sales@xanna.eu
6.3. Products submitted or returned as part of a complaint may be sent to the following address: ul. Przy Agorze 13C/1, 01-960 Warsaw.
6.4. It is recommended that the complaint description include: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the defect or non-conformity with the contract; (2) a request for the method of bringing the Product into compliance with the contract, or a statement regarding a price reduction, withdrawal from the contract, or another claim; and (3) the contact details of the person filing the complaint—this will facilitate and expedite the processing of the complaint. The requirements set forth in the preceding sentence are merely recommendations and do not affect the validity of complaints filed without the recommended description.
6.5. If the complainant changes the provided contact information during the complaint review process, they are obligated to notify the Seller of such changes.
6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or submit evidence (e.g., photos) if this facilitates and expedites the Seller’s handling of the complaint.
6.8. The basis and scope of the Seller’s statutory liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended). The following provides additional information regarding the Seller’s statutory liability for the Product’s conformity with the Sales Agreement:
6.8.1. In the event of a complaint regarding a Product—a movable item (including a movable item with digital components), excluding, however, a movable item that serves solely as a medium for digital content —purchased by the Customer under a Sales Agreement concluded with the Seller on or after January 1, 2023—are governed by the provisions of the Consumer Rights Act in the version effective as of January 1, 2023, in particular Articles 43a–43g of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability toward the consumer in the event of non-conformity of the Product with the Sales Agreement.
6.8.2. In the event of a complaint regarding a Product—digital content, a digital service, or a tangible item used solely as a medium for digital content—purchased by the Customer under a Sales Agreement entered into with the Seller on or after January 1, 2023, or prior to that date, if the delivery of such a Product was to take place or took place after that date, the provisions of the Consumer Rights Act in the version effective as of January 1, 2023, apply, in particular Articles 43h–43q of the Consumer Rights Act. These provisions specify, in particular, the basis and scope of the Seller’s liability toward the consumer in the event of non-conformity of the Product with the Sales Agreement.
6.9. In addition to statutory liability, a warranty may be provided for the Product—this constitutes contractual (additional) liability and may be invoked when the Product in question is covered by a warranty. The warranty may be provided by an entity other than the Seller (e.g., by the manufacturer or distributor). Detailed terms and conditions regarding liability under the warranty, including the details of the entity responsible for fulfilling the warranty and the entity entitled to exercise it, are available in the warranty description, e.g., in the warranty card or in another document regarding the warranty. The Seller notes that in the event of the Product’s non-conformity with the contract, the Customer is entitled by law to legal remedies at the Seller’s expense, and that the warranty does not affect these legal remedies.
6.10. The provisions regarding consumers set forth in Sections 6.8.1 and 6.8.2 of these Terms and Conditions also apply to a Customer who is a natural person entering into a contract directly related to their business activity, provided that the content of such contract indicates that it is not of a professional nature for that person, as evidenced, in particular, by the nature of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity.
7. OUT-OF-COURT METHODS FOR HANDLING COMPLAINTS AND RESOLVING CLAIMS, AND RULES GOVERNING ACCESS TO THESE PROCEDURES
7.1. Methods of dispute resolution without court involvement include, among others: (1) facilitating a rapprochement between the parties’ positions, e.g., through mediation; (2) proposing a resolution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing a solution on the parties, e.g., through arbitration (arbitration tribunal). Detailed information regarding the options available to a Customer who is a consumer for out-of-court complaint handling and the pursuit of claims, the rules for accessing these procedures, and a user-friendly search engine for entities engaged in amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.7.2. A contact point operates under the President of the Office of Competition and Consumer Protection, whose tasks include providing consumers with information regarding out-of-court resolution of consumer disputes. Consumers may contact the center: (1) by phone – by calling 22 55 60 332 or 22 55 60 333; (2) by email – by sending a message to: kontakt.adr@uokik.gov.pl or (3) in writing or in person – at the Office’s headquarters at 1 Powstańców Warszawy Square in Warsaw (00-030).
7.3. The consumer has the following options for utilizing out-of-court complaint resolution and redress procedures: (1) filing a request for dispute resolution with a permanent consumer arbitration court; (2) a request for out-of-court dispute resolution to the provincial inspector of the Consumer Protection Authority; or (3) assistance from the county (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Association of Polish Consumers). Advice is provided, among other channels, via email at porady@dlakonsumentow.pl and via the consumer hotline at 801 440 220 (the hotline is open on weekdays from 8:00 AM to 6:00 PM; call charges apply according to the operator’s rates).
8. RIGHT TO WITHDRAW FROM THE CONTRACT
8.1. A consumer 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 in Section 8.8 of the Terms and Conditions. To meet the deadline, it is sufficient to send the notice before its expiration. The notice of withdrawal from the contract may be submitted, for example:8.1.1. in writing to the address: ul. Przy Agorze 13C/1, 01-960 Warsaw;
8.1.2. electronically via email to the address: sales@xanna.eu
8.2. Return of the Product—movable property (including movable property with digital components)—as part of the withdrawal from the contract must be sent to the following address: ul. Przy Agorze 13C/1, 01-960 Warsaw. 8.3. A sample withdrawal form is included in Appendix 2 to the Consumer Rights Act and is also available in Section 15 of the Terms and Conditions. The consumer may use the sample form, but this is not mandatory.
8.4. The period for withdrawing from the contract begins:
8.4.1. for a contract under which the Seller delivers a Product and is obligated to transfer ownership of it—from the moment the Product is taken into possession by the consumer or a third party designated by the consumer other than the carrier; and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches, or in parts—from the time the last Product, batch, or part is taken into possession; or (2) involves the regular delivery of Products for a specified period—from the time the first Product is taken into possession;
8.4.2. for other contracts—from the date the contract is concluded.
8.5. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.
8.6. Products—movable property, including movable property with digital elements:
8.6.1. The Seller is required to immediately, no later than within 14 calendar days from the date of receiving the consumer’s notice of withdrawal from the contract, refund to the consumer all payments made by the consumer, including the costs of delivering the Product—a tangible good, including a tangible good with digital elements (except for additional costs resulting from the consumer’s choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall refund the payment using the same payment method used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not entail any costs for them. In the case of Products—movable property (including movable items with digital components)—if the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until the Product is received back or the consumer provides proof of its return, whichever occurs first.
8.6.2. In the case of Products that are movable property (including movable property with digital components) – the consumer is required to return the Product to the Seller or hand it over to a person authorized by the Seller to collect it immediately, no later than within 14 calendar days from the date on which the consumer withdrew from the contract, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before the deadline expires.
8.6.3. The consumer is liable for any reduction in the value of the Product—a movable item (including a movable item with digital components)—resulting from its use in a manner exceeding what is necessary to ascertain the nature, characteristics, and functioning of the Product.
8.7. Products – digital content or digital services:
8.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is required to bear:
8.8.1. In the case of Products—movable goods (including movable goods with digital elements)—if the consumer has chosen a method of delivery other than the cheapest standard delivery method available in the Online Store, the Seller is not obligated to reimburse the consumer for the additional costs incurred.
8.8.2. In the case of Products—movable goods (including movable goods with digital elements)—the consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product—a service—whose performance, at the consumer’s express request, began before the expiration of the withdrawal period, the consumer who exercises the right to withdraw from the contract after making such a request is obligated to pay for the services provided up to the time of withdrawal. The amount of payment is calculated in proportion to the extent of the service provided, taking into account the price or remuneration agreed upon in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.
8.9. The consumer does not have the right to withdraw from a distance contract in the case of contracts:
8.9.1. (1) for the provision of services for which the consumer is obligated to pay a price, if the Seller has fully performed the service with the consumer’s express and prior consent, and the consumer was informed before the service began that they would lose the right to withdraw from the contract once the Seller had performed the service, and acknowledged this; (2) where the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiration of the withdrawal period; (3) in which the subject of the service is a Product—a movable item (including a movable item with digital elements)—that is not prefabricated, is manufactured according to the consumer’s specifications, or is intended to satisfy the consumer’s individual needs; (4) where the subject of the performance is a Product—a movable item (including a movable item with digital elements)—that is liable to deteriorate rapidly or has a short shelf life; (5) where the subject of the service is a Product—a movable item (including a movable item with digital elements)—delivered in sealed packaging that cannot be returned after opening for health protection or hygiene reasons, if the packaging was opened after delivery; ; (6) where the subject matter of the service consists of Products—movable property (including movable property with digital components)—which, upon delivery, due to their nature, become inseparably integrated with other movable property, including movable property with digital components; (7) where the subject of the service consists of alcoholic beverages whose price was agreed upon at the time of concluding the Sales Agreement, and whose delivery may take place only after 30 days have elapsed, and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly requested that the Seller visit them to perform urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or delivers Products—movable property (including movable items with digital components)—other than spare parts necessary for the repair or maintenance—the consumer has the right to withdraw from the contract with respect to the additional services or Products; ; (9) where the subject of the service consists of audio or video recordings or computer software delivered in sealed packaging, if the packaging has been opened after delivery; (10) for the delivery of newspapers, periodicals, or magazines, with the exception of subscription agreements; (11) concluded through a public auction; (12) for the provision of services in the field of accommodation, other than for residential purposes, the transport of goods, car rental, catering, services related to leisure, entertainment, sports, or cultural events, if the contract specifies the date or period of service provision; (13) for the supply of digital content not supplied on a tangible medium, for which the consumer is required to pay a price, if the Seller has commenced performance with the consumer’s express prior consent, and the consumer was informed prior to the commencement of performance that upon the Seller’s fulfillment of the service, the consumer would lose the right to withdraw from the contract, and has acknowledged this, and the Seller has provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act; (14) for the provision of services for which the consumer is obligated to pay a price, where the consumer has expressly requested that the Seller come to the consumer’s location to perform a repair, and the service has already been fully performed with the consumer’s express and prior consent.
8.10. The provisions regarding the consumer contained in this Section 8 of the Terms and Conditions also apply to a Service Recipient or Customer who is a natural person entering into a contract directly related to their business activity, where the content of such contract indicates that it is not of a professional nature for that person, resulting in particular from the nature of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity.
9. PROVISIONS APPLICABLE TO BUSINESSES
9.1. This Section 9 of the Terms and Conditions and all provisions contained herein are directed at and are therefore binding exclusively on the Customer or Service Recipient who is not a consumer or a natural person entering into a contract directly related to their business activity, where the content of such contract indicates that it is not of a professional nature for that person, resulting in particular from the nature of their business activity, as disclosed pursuant to the provisions on the Central Register and Information on Economic Activity.9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without providing a reason and does not give rise to any claims on the part of the Customer against the Seller.
9.3. The Seller’s liability under the warranty for the Product or for the Product’s non-conformity with the Sales Agreement is excluded.
9.4. The Seller shall respond to a complaint within 30 calendar days of receiving it.
9.5. The Seller has the right to limit the available payment methods, including the right to require full or partial prepayment, regardless of the payment method selected by the Customer and the fact that a Sales Agreement has been concluded.
9.6. The Service Provider may terminate the contract for the provision of the Electronic Service with immediate effect and without stating reasons by sending the Service Recipient a relevant notice.
9.7. The Service Provider’s/Seller’s liability toward the Service Recipient/Customer, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the price paid and delivery costs under the Sales Agreement, but not exceeding one thousand zlotys. The monetary limitation referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including in cases where no Sales Agreement has been concluded or claims unrelated to the Sales Agreement. The Service Provider/Seller shall be liable to the Service Recipient/Customer only for typical damages foreseeable at the time of conclusion of the contract and shall not be liable for lost profits. The Seller shall also not be liable for delays in the delivery of the shipment.
9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court with jurisdiction over the Seller’s/Service Provider’s place of business.
10. TERMS OF USE FOR THE PRODUCT – DIGITAL CONTENT AND SERVICES
10.1. This Section 10 of the Terms and Conditions sets forth the default terms of use for the Products—digital content and services available in the Online Store. These rules apply in the absence of specific terms of use for a given Product or in matters not covered by such specific terms (e.g., in the case of a license granted by the manufacturer of a given Product, the manufacturer’s license shall apply).10.2. The rights to the Product, including copyrights in the case of Products constituting a work within the meaning of the Copyright Act, are vested in the Seller or other authorized third parties.
10.3. Pursuant to the concluded Sales Agreement, the Customer is entitled to use the Product in the manner and to the extent necessary to use it for the purposes specified in the Sales Agreement, and in the absence of such specification, for the purposes for which a Product of this type is typically used, taking into account applicable laws, technical standards, or best practices.
10.4. The Customer may use the Product solely for the Customer’s own use, including within the scope of the Customer’s business activities, unless the Sales Agreement provides otherwise. Subject to exceptions provided for by generally applicable laws and regulations and to different provisions of the Sales Agreement: (1) The Customer is not authorized to make the Product available to third parties; (2) The Customer is not authorized to use the Product for commercial purposes, including marketing the Product; (3) The Customer is not authorized to transfer, sublicense, or authorize others to use the Product; (4) The Customer is not authorized to copy, reproduce, modify, adapt, translate, decode, decompile, disassemble, or make any other attempts to interfere with the Product, unless such actions are necessary to ensure the proper use of the Product in accordance with the Sales Agreement.
10.5. The Customer’s use of the Product is permitted for the term specified in the Sales Agreement.
10.6. Access to the Product is granted by sending digital content or a link (URL) enabling its playback to the email address provided by the Customer when placing the Order.
11. PRODUCT REVIEWS
11.1. The Seller does not allow Customers to post or view reviews of Products or the Online Store.12. ILLEGAL CONTENT AND OTHER CONTENT IN VIOLATION OF THE TERMS OF SERVICE
12.1. This section of the Terms and Conditions contains provisions arising from the Digital Services Act as they apply to the Online Store and the Service Provider. As a general rule, the Service Recipient is not required to provide content while using the Online Store, unless the Terms and Conditions require the provision of specific data (e.g., data necessary to place an Order). The Service Recipient may have the option to add a review or comment on the Online Store using the tools provided for this purpose by the Service Provider. In any case where the Service Recipient provides content, they are obligated to comply with the rules set forth in the Terms and Conditions.12.2. CONTACT POINT – The Service Provider designates the email address sales@xanna.eu as the single point of contact. The contact point enables direct communication between the Service Provider and the authorities of Member States, the European Commission, and the Digital Services Board, while also enabling service recipients (including Service Users) to communicate directly, quickly, and conveniently with the Service Provider via electronic means for the purposes of applying the Digital Services Act. The Service Provider designates Polish and English as the languages for communication with its contact point.
12.3. Procedure for reporting illegal content and actions in accordance with Article 16 of the Digital Services Act:
12.3.1. Any person or entity may report to the Service Provider, via the email address sales@xanna.pl, the presence of specific information that such person or entity considers to be Illegal Content.
12.3.2. The report should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission of reports to the email address provided above that contain all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) a clear indication of the exact electronic location of the information, such as the exact URL or exact URLs, and, where applicable, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except in the case of a report concerning information deemed to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good-faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.
12.4. Information regarding restrictions imposed by the Service Provider in connection with the use of the Online Store, with respect to information provided by Users:
12.4.1. Users are subject to the following rules when providing any content within the Online Store:
12.4.1.1. the obligation to use the Online Store, including posting content (e.g., in reviews or comments), in accordance with its intended purpose, these Terms and Conditions, and in a manner consistent with the law and good morals, while respecting the personal rights, copyrights, and intellectual property rights of the Service Provider and third parties;
12.4.1.2. the obligation to post content that is factual and not misleading;
12.4.1.3. the prohibition on providing unlawful content, including the prohibition on providing Illegal Content;
12.4.1.4. prohibition on sending unsolicited commercial messages (spam) via the Online Store;
12.4.1.5. prohibition on providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;
12.4.1.6. the obligation to hold—where necessary—all required rights and permissions to provide such content on the Online Store’s pages, in particular copyrights or required licenses, permissions, and consents for their use, distribution, sharing, or publication, especially the right to publish and distribute on the Online Store, and the right to use and distribute images or personal data in the case of content that includes images or personal data of third parties.
12.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider’s information and communication system, the Online Store, or third parties.
12.4.2. The Service Provider reserves the right to moderate content provided by Users on the Online Store website. Moderation is conducted in good faith and with due diligence, either on the Service Provider’s own initiative or in response to a report received, for the purpose of detecting, identify, and remove Illegal Content or other content that violates the Terms of Service, or to prevent access to such content, or to take necessary measures to comply with the requirements of European Union law and national law consistent with European Union law, including the requirements set forth in the Digital Services Act, or the requirements contained in the Terms of Service.
12.4.3. The moderation process may be conducted manually by a human or rely on automated or partially automated tools that assist the Service Provider in identifying Illegal Content or other content that violates the Terms of Service. Upon identifying such content, the Service Provider shall decide whether to remove it, block access to it, or otherwise limit its visibility, or take other actions it deems necessary (e.g., contact the User to clarify concerns and modify the content). The Service Provider shall inform the Service Recipient who provided the content (if the Service Provider has their contact information) in a clear and easily understandable manner of its decision, the reasons for the decision, and the available options for appealing the decision.
12.4.4. In exercising its rights and fulfilling its obligations under the Digital Services Act, the Service Provider is required to act with due diligence, in an objective and proportionate manner, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, with particular regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.
12.5. Any comments, complaints, claims, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or a decision made by the Service Provider in accordance with the provisions of these Terms and Conditions may be submitted in a manner analogous to the complaint procedure outlined in Section 6 of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the provided email address. Use of the complaint submission and resolution procedure does not affect the right of the individual or entity to initiate legal proceedings in court and does not infringe upon their other rights.
12.6. The Service Provider shall review all comments, complaints, claims, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or a decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If a complaint or other report contains sufficient grounds for the Service Provider to conclude that its decision not to take action in response to the report is unjustified, or that the information to which the complaint relates is not illegal or in violation of the Terms of Service, or contains information indicating that the complainant’s conduct does not justify the measure taken, the Service Provider shall, without undue delay, revoke or amend its decision regarding the possible removal of or disabling access to the content, or otherwise limiting its visibility, or take other actions it deems necessary.
12.7. Service Users, persons, or entities that reported Illegal Content, to whom the Service Provider’s decisions regarding Illegal Content or content that violates the Terms of Service are addressed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of a Member State to resolve disputes concerning such decisions, including with respect to complaints that have not been resolved through the Service Provider’s internal complaint-handling system.
13. HANDLING OF WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT, AS WELL AS BATTERIES AND RECHARGEABLE BATTERIES
13.1. This Section 13.1. of the Terms and Conditions and all provisions contained therein are intended to fulfill the information obligations incumbent upon equipment distributors within the meaning of Article 4(2) of the Act of September 11, 2015, on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended).13.1.1. It is prohibited to dispose of waste electrical and electronic equipment (marked with the selective collection symbol) together with other waste. The holder of waste electrical and electronic equipment from households is required to hand it over to a waste electrical and electronic equipment collector or an entity authorized to collect such equipment.
13.1.2. The seller is required to accept, free of charge, waste equipment from households at its points of sale, provided that the waste equipment is of the same type and served the same purpose as the equipment sold.
13.1.3. When delivering household equipment to the Customer, the Seller is obligated to collect used household equipment free of charge at the delivery location, provided that the used equipment is of the same type and served the same functions as the delivered equipment. The desire to hand over used equipment to the Seller in the aforementioned case may be indicated in the comments for the Seller when placing the Order or sent to sales@xanna.pl immediately after the Customer places the Order.
13.1.4. The Customer, without the need to purchase new equipment, may return used household equipment, none of whose external dimensions exceed 25 cm, at any store with a sales area of at least 400 m² dedicated to the sale of household equipment.
13.1.5. The Seller may refuse to accept:
13.1.5.1. waste equipment that, due to its contamination, poses a threat to the health or life of persons receiving the waste equipment; and
13.1.5.2. incomplete waste equipment and parts derived from waste equipment, the collection of which is prohibited pursuant to Article 35(1) of the Act of September 11, 2015, on Waste Electrical and Electronic Equipment (Journal of Laws of 2015, item 1688, as amended).
13.1.6. In the above cases, the Customer may deliver the waste equipment to the appropriate waste equipment collection point or to an entity operating a treatment facility.
13.1.7. Examples of waste equipment collection points in Warsaw:
13.1.7.1. EKOSTAN SP. Z O.O. (2/31 Chmielna St., 00-020 Warsaw);
13.1.7.2. EKOMAR MARLENA PRUSACZYK-GRABOWICZ (43 Myśliborska St., 03-185 Warsaw).
13.1.8. Information on all collection points for used equipment throughout the country is available via the search tool in the national register of entities—BDO—at the following web address: https://rejestr-bdo.mos.gov.pl/Registry/Index?pageNumber=1&placeType=residenceOrBusinessAddress&t=1675268278907&tables=ActivityScope4Table2.
13.2. Pursuant to the Act of April 24, 2009, on Batteries and Accumulators (i.e., Journal of Laws of 2022, item 1113), the Seller is obligated to accept used batteries (as defined in the Act on Batteries and Accumulators) and used accumulators (as defined in the Act on Batteries and Accumulators) from the Customer who is an end-user as defined in the Act on Batteries and Accumulators.
14. FINAL PROVISIONS
14.1. Contracts concluded through the Online Store are drawn up in Polish.14.2. Amendments to the Terms and Conditions:
14.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in legal regulations; changes in payment or delivery methods or deadlines; compliance with legal or regulatory obligations; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to counteract an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats—to the extent that such changes affect the implementation of the provisions of these Terms and Conditions.
14.2.2. Notice of proposed changes shall be sent at least 15 days prior to the effective date of such changes; provided, however, that a change may be implemented without observing the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation requiring it to amend the Terms and Conditions in a manner that prevents it from complying with the 15-day notice period; or (2) must, as an exception, amend its Terms and Conditions to counter an unforeseen and immediate threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, against fraud, malware, spam, data breaches, or other cybersecurity threats. In the last two cases referred to in the preceding sentence, the changes take effect immediately, unless it is possible or necessary to apply a longer implementation period, in which case the Service Provider shall notify Users in each instance.
14.2.3. In the case of ongoing contracts (e.g., the provision of the Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the end of the notice period for the proposed changes. Such termination takes effect 15 days after the date of receipt of the notice. In the case of a continuing contract, the amended Terms and Conditions are binding on the Service Recipient if they were properly notified of the changes in accordance with the notice period prior to their implementation and did not terminate the contract during that period. Additionally, at any time after receiving notice of the changes, the Service Recipient may accept the changes and thereby waive the remainder of the notice period. In the case of a contract of a nature other than a continuing contract, changes to the Terms and Conditions shall in no way infringe upon the rights acquired by the Customer prior to the effective date of the changes to the Terms and Conditions; in particular, changes to the Terms and Conditions shall not affect Orders already placed or submitted, or Sales Contracts that have been concluded, are being fulfilled, or have been performed.
14.2.4. If an amendment to these Terms and Conditions results in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.
14.3. In matters not covered by these Terms and Conditions, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.