Terms and Conditions of the Online Store www.danucera.eu
Online Store Terms and Conditions www.danucera.pl
The online store www.danucera.pl is operated by:
the company DANUCERA sp. z o.o., with its registered office in Warsaw at ul. Górnośląska 16 lok. 33, 00-432 Warsaw, entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0001097617, with share capital in the amount of PLN 200,000 paid in full, NIP 7011198587, REGON 528276868.
In these Terms and Conditions, all capitalized terms shall have the meanings assigned to them below:
DANUCERA – DANUCERA sp. z o.o. with its registered office in Warsaw at ul. Górnośląska 16 lok. 33, 00-432 Warsaw, entered in the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0001097617, with share capital in the amount of PLN 200,000 paid in full, NIP 7011198587, REGON 528276868, manufacturer, seller, owner of the online store www.danucera.pl.
Customer – a natural person, legal person or organizational unit without legal personality but having legal capacity, using the Online Store, including in particular making purchases.
Consumer – a Customer who is a natural person, using the Online Store, including in particular making purchases, for a purpose not directly related to his or her business or professional activity (in accordance with Article 22¹ of the Act of 23 April 1964, the Civil Code).
Customer Account (User Account) – a collection of resources and rights of the Online Store's IT system made available to the Customer after authentication and authorization processes have been completed.
Shopping Cart – a functionality of the Online Store enabling the display of products selected by the Customer for purchase, as well as entering and modifying order details, in particular: the number of products, invoice details, delivery method, delivery address.
Warehouse – the DANUCERA warehouse where Customer orders are assembled and returns are accepted (the right to withdraw from the agreement under § 10 of the Terms and Conditions and in exercise of rights under the statutory warranty), located at the following address: DANUCERA sp. z o.o. ul. Górnośląska 16 lok. 33, 00-432 Warsaw;
Reviews – content containing information about products or services whose purchase is or was possible through the Online Store.
Payment Processing Entity – an entity external to DANUCERA acting as an intermediary in processing payments by e-transfer or payment card.
Terms and Conditions – a set of rules and regulations governing the Customer's use of the Online Store;
Complaint – any complaints, including complaints concerning the operation of the Online Store or concerning services provided electronically.
Online Store – the online store operated by DANUCERA, available at the internet domain www.danucera.pl.
Product Page – a page in the Online Store on which information about a product is presented.
§1 General Provisions
1. DANUCERA, through the Online Store, conducts exclusively retail sales of products, offering them exclusively for the Customers' own use. In the event of an intention to purchase products for further resale, please contact kontakt@danucera.pl. Any order whose content or circumstances of submission indicate that it was placed for purposes other than the Customer's own use may be cancelled by DANUCERA, of which the Customer will be informed by e-mail.
2. These Terms and Conditions specify, in particular: the rules for registration in the Online Store, the rules for using the Online Store, the conditions for placing and fulfilling orders for products offered by DANUCERA and available in the Online Store, payment by the Customer of the sale price of products, the Customer's rights to cancel an order and withdraw from an agreement, and the rules for handling complaints.
3. In order to browse the websites of the Online Store, a terminal device with access to the Internet and a web browser is required. In order to use certain functionalities of the Online Store, including Customer registration and placing orders for products, an active e-mail account is additionally required.
DANUCERA indicates that in order to use certain functions of the Online Store and the Customer Account, it is required to have the latest versions of programs and systems, including those used to browse websites, and to perform software updates on an ongoing basis. DANUCERA recommends using the latest available software in order to ensure the proper functioning of the Online Store by the Customer.
4. As part of using the Online Store, Customers are prohibited from providing unlawful content that violates the law or generally accepted principles of conduct.
5. Customers may place orders for products available in the Online Store after registering in accordance with the provisions of these Terms and Conditions or after providing the necessary personal and address data enabling the order to be fulfilled without registration.
6. Transactions by payment card and e-transfer are settled through systems provided by Payment Processing Entities. These services are provided by PAYPRO S.A., with its registered office in Poznań at ul. Pastelowa 8, registered in the Register of Entrepreneurs of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068, in accordance with the terms and conditions of the payment operator (Przelewy24 / PAYPRO S.A.) available at: www.przelewy24.pl/regulamin. Payments in the Online Store may also be processed by the operators Stripe and PayPal – to the extent that these methods are made available in the Online Store.
7. DANUCERA, through the Online Store, sells products whose detailed composition has been provided in the description of each product.
§2 Registration
1. After registering in the Online Store, the Customer has the possibility to: manage, including edit, their data, including the indicated delivery addresses for ordered products; place orders for products and pay for them; view order history; and use other functionalities made available to registered Customers.
2. In order to register in the Online Store, an online registration form must be completed, providing first and last name, e-mail address and/or telephone number for contact and a password, as well as becoming familiar with the provisions of these Terms and Conditions.
3. After the Customer completes and submits the registration form, DANUCERA sends confirmation of the registration to the e-mail address provided by the Customer.
4. Registration in the Online Store, as well as use of the functionalities of the Online Store, are free of charge. Registration means that the Customer enters into an agreement with DANUCERA for the provision of an electronic service consisting of maintaining a Customer Account, on the terms specified in these Terms and Conditions.
5. After registering in the Online Store, each login is performed using the data provided in the registration form or subsequently changed through the Customer Account settings.
6. The Customer Account created as a result of registration is maintained for the Customer for an indefinite period. The Customer may resign from maintaining the Customer Account in the Online Store by sending a resignation message to the e-mail address: kontakt@danucera.pl. The Customer Account shall be deleted immediately and shall be equivalent to termination by the Customer of the agreement with DANUCERA for the provision of services by electronic means, the subject of which is maintaining the Customer Account.
7. DANUCERA is entitled to block the Customer Account in cases provided for by generally applicable laws and in the event of the Customer's violation, while using the Online Store, of generally applicable laws, the provisions of these Terms and Conditions, the rights of third parties, personal rights of third parties or the principles of social coexistence, as well as in the event of identification of a vulnerability, threat or other event resulting in or potentially resulting in information security, IT system security or violation of the rights and freedoms of persons.
8. The Customer shall be notified by e-mail of the blocking of the Customer Account or the intention to block the Customer Account, to the e-mail address currently registered in the Online Store or on the websites of the Online Store. Blocking the Customer Account in accordance with paragraph 7 above entitles DANUCERA to terminate the agreement with the Customer for the provision of services by electronic means. DANUCERA exercises this right by sending a statement of termination of the agreement to the Customer's e-mail address.
9. In the event of blocking the Customer Account in accordance with paragraphs 7 and 8 above, unfulfilled orders placed by this Customer may be cancelled by DANUCERA. Cancellation may take place within 5 days of blocking the Customer Account, in which case the payment made for the order shall be refunded to the Customer by DANUCERA.
§3 Use of the Online Store
1. Logging into the Online Store takes place by completing the login form with the data provided when registering the Customer Account.
2. A Customer who has registered a Customer Account may use all available functions of the Online Store to which they are entitled (authorized).
3. The Customer is obliged to keep confidential the login and password to their Customer Account in the Online Store.
4. The Customer may make purchases without carrying out the registration referred to in § 2 of the Terms and Conditions, on the terms described in detail in the Terms and Conditions.
§4 Products
1. Information about products available in the Online Store constitutes an invitation to conclude an agreement within the meaning of Article 71 of the Civil Code.
2. Product prices indicated on the websites of the Online Store include VAT, are stated in Polish zlotys and do not include delivery costs. The total cost of the order is indicated in the Shopping Cart before the Customer places the order. In the event of a reduction in the price of a product, next to the information about the reduced price, the lowest price of that product applicable during the period of 30 days before the introduction of the reduction is displayed, in accordance with the Act of 9 May 2014 on informing about prices of goods and services.
3. DANUCERA reserves the right to make ongoing changes to product prices. The right referred to in the preceding sentence shall not affect orders placed before the date on which the price change takes effect.
4. DANUCERA may conduct promotional campaigns and sales on separately specified terms.
§5 Conditions for Placing and Fulfilling Orders
1. The Customer may place orders for products available in the Online Store's assortment 7 (seven) days a week and 24 (twenty-four) hours a day, subject to technical breaks, prohibitions or restrictions on trade resulting from mandatory provisions of law and the occurrence of other factors independent of DANUCERA.
2. In order to place an order, it is necessary to:
a. log in to the Online Store or use the option to place an order without registration,
b. select the product that is the subject of the order and then click the “Add to cart” button (or equivalent),
c. enter the recipient's details and the data necessary to deliver the product (including a telephone number for contact regarding receipt),
d. select the delivery method (method of delivering the product),
e. enter invoice details if they differ from the details for receiving the order and other data, if required to fulfill the order,
f. select the payment method,
g. click the “Pay now” button.
3. DANUCERA does not conduct wholesale sales in the Online Store. DANUCERA is entitled to introduce a maximum number of units of a specific product or category of products covered by one order or placed from one Customer Account.
4. Placing an order by the Customer means submitting to Danucera an offer to conclude a sales (purchase) agreement for the ordered product. The offer is binding on the Customer if Danucera immediately confirms its receipt.
5. After placing and successfully paying for an order, a confirmation of receipt by DANUCERA of the order placed by the Customer shall be sent to the Customer's e-mail address indicated in the Customer Account or indicated during the order placement process for purchases without registration. If fulfillment of the order is possible, an e-mail confirming acceptance of the order for fulfillment shall be sent to the Customer's e-mail address. Confirmation of acceptance of the order constitutes DANUCERA's statement of acceptance of the offer referred to in paragraph 4 above. Upon confirmation of acceptance of the order, an agreement concerning that order is concluded between the Customer and DANUCERA. DANUCERA has 5 days to confirm acceptance of the Customer's order (counting from the date on which Danucera confirms receipt of the order). If DANUCERA does not confirm acceptance of the order for fulfillment within the above period, no agreement shall be concluded between the Customer and DANUCERA, and any payments made for the unaccepted order shall be immediately refunded to the Customer, in accordance with the provisions of these Terms and Conditions.
6. In the event that the ordered product is unavailable in the Warehouse or it is not possible to fulfill the Customer's order for other reasons, DANUCERA shall inform the Customer of the situation by sending a message to the e-mail address indicated by the Customer or by providing information by telephone to the number indicated by the Customer, within the period resulting from generally applicable provisions of law. In such a case, the order shall be cancelled. Cancellation of an order for the reasons indicated in this paragraph may take place no later than the expiry date of the order fulfillment period, and if this period has not been specified, within 14 days from the date of its acceptance for fulfillment by DANUCERA.
7. If fulfillment of part of the order is not possible for the reasons indicated in the preceding paragraph, DANUCERA may propose to the Customer:
a. cancellation of the entire order (if the Customer selects this option, DANUCERA shall be released from the obligation to fulfill the order),
b. cancellation of the order in the part in which fulfillment is not possible within the designated period (if the Customer selects this option, the order shall be fulfilled in part, while DANUCERA shall be released from the obligation to fulfill it in the remaining scope),
c. division of the order and setting a new fulfillment date with regard to that part of the order whose fulfillment is not possible within the originally designated period (if the Customer selects this option, the products comprising the order shall be sent in several separate shipments).
8. If the Customer does not select any of the methods of fulfilling the order in the situation referred to in paragraph 7 above, or if it is not possible to establish contact with the Customer, DANUCERA shall deliver to the Customer the products for which the order can be fulfilled within the deadline; in the remaining scope, the order shall be cancelled, of which the Customer shall be notified at the e-mail address indicated by the Customer during the order placement process. Cancellation of the order in part, referred to in the preceding sentence, may take place no later than the expiry date of the order fulfillment period, and if this period has not been specified, within 14 days from the date of its acceptance for fulfillment by DANUCERA.
9. DANUCERA is entitled to cancel an order if the Customer fails to make full payment within 7 days from the date on which the Customer receives confirmation of acceptance of the order for fulfillment. Cancellation of the order means that DANUCERA is released from the obligation to fulfill it.
10. In the event of cancellation of an order in the situations indicated in the preceding paragraphs, DANUCERA shall refund the amount paid to the Customer in accordance with generally applicable provisions of law. The rules for refunding amounts due are described in detail in § 11 of these Terms and Conditions.
11. The Customer is obliged to provide a correct (current) and accurate address to which the subject of the order is to be delivered. If the Customer provides an incorrect or inaccurate address, DANUCERA, to the fullest extent permitted by law, shall not be liable for failure to deliver or delay in delivering the subject of the order if, for the above reason, despite due diligence exercised by DANUCERA and the company delivering the subject of the order, delivery of the subject of the order or delivery within the specified time proves impossible.
§6 Order Modifications
1. The Customer may make changes to the order until the payment is made. Changes may concern, among other things: cancellation of all or part of the products comprising the order that have not been paid for, change of delivery address, invoice details, etc. In the event of cancellation of the order, if payment has been made, the payment shall be refunded in accordance with generally applicable provisions of law. The rules for refunding amounts due are described in detail in § 11 of these Terms and Conditions.
§7 Payment Method
1. Orders placed in the Online Store may only be paid for in advance (before receipt of the subject of the order). Payment may be made by e-transfer or payment card through the system referred to in § 1 paragraph 6 of the Terms and Conditions.
2. Detailed information on available payment methods and the payment authorization method is available in the Online Store and is displayed during the order placement process.
3. Fulfillment of the order shall commence after DANUCERA receives full payment or, in the case of payments processed by a Payment Processing Entity, after such entity confirms the correct execution of the full payment.
4. After receiving payment from the Customer, including registration of the payment in the system referred to in § 1 paragraph 6 of the Terms and Conditions, DANUCERA shall send the Customer, to the e-mail address indicated during registration or indicated during the order placement process for purchases without registration, an invoice documenting the payment made. By accepting these Terms and Conditions, the Customer consents to receiving invoices (including corrective invoices) electronically.
§8 Order Fulfillment and Delivery
1. DANUCERA places information on the website of the Online Store regarding the number of business days (i.e. days of the week from Monday to Friday excluding statutory public holidays) within which the shipment containing the subject of the order shall be dispatched. The order fulfillment time shall not exceed 5 business days from the date of placing the order.
2. Products purchased through the website of the Entrepreneur (online store www.danucera.pl) are delivered to the address indicated by the Customer in the order.
3. Within Poland, delivery is carried out:
a) by UPS courier – cost PLN 18.90,
b) to an InPost parcel locker – cost PLN 14.40.
4. In the case of delivery outside the territory of Poland, the shipment is carried out by UPS courier. The cost of international delivery depends on the destination country and is calculated and presented to the Customer each time in the Shopping Cart after entering the delivery address, before placing the order.
5. The total cost of the order, including the price of the Products and delivery cost, is visible in the Shopping Cart before confirming and paying for the order.
6. In connection with the fulfillment of the order, communication concerning the current course of placing and fulfilling the order (order status) is sent to the Customer's e-mail address.
§9 Guarantee and Statutory Warranty and Lack of Conformity of Goods with the Agreement
For sales agreements concluded with a Consumer or an Entrepreneur with consumer rights from 1 January 2023, instead of statutory warranty for defects, the provisions concerning liability for lack of conformity of goods with the agreement shall apply (Article 43a et seq. of the Act of 30 May 2014 on Consumer Rights). The provisions of this paragraph referring to the statutory warranty shall apply to such persons accordingly, to the extent consistent with the Act on Consumer Rights, which takes precedence. The statutory warranty for defects under the principles of the Civil Code applies exclusively to Customers who are neither Consumers nor Entrepreneurs with consumer rights (B2B agreements).
1. DANUCERA is liable to the Customer under the guarantee and statutory warranty if the product sold has a physical defect and if it has a legal defect, where a physical defect consists in the non-conformity of the product sold with the agreement. DANUCERA indicates that the graphics on product packaging may differ from the graphics of packaging presented in the Online Store, which does not constitute a defect in the products.
2. The guarantee and statutory warranty cover hidden defects of the product resulting from material errors or the production process. This also means that the guarantee and statutory warranty do not cover, among others: any mechanical damage, tears, abrasions, etc., damage caused by improper use, inconsistent with the intended purpose (storage in places other than those indicated, at a different temperature, etc.), or indicating the smell of the product or its absence as the reason for a complaint.
3. DANUCERA shall respond to a Customer's complaint under the guarantee or statutory warranty within 14 (fourteen) business days and shall notify the Customer of the manner of further proceedings.
4. A complaint should contain the details of the person or entity submitting the complaint under the guarantee and statutory warranty (first and last name or full name, contact details), as well as an indication of the reason for the complaint and the content of the request. In order for DANUCERA to consider a complaint under the guarantee and statutory warranty, the Customer should deliver the complained-about product or products together with proof of purchase of the product(s) to DANUCERA and a description of the complaint.
5. The complained-about product, proof of purchase and description of the complaint should be sent to the Warehouse address, i.e.: DANUCERA sp. z o.o. ul. Górnośląska 16 lok. 33, 00-432 Warsaw.
6. If a complaint under the guarantee and statutory warranty is considered in favor of the Customer, DANUCERA shall immediately replace the defective product with a defect-free product. This does not affect the Customer's ability to submit a statement on price reduction or withdrawal from the agreement in accordance with applicable provisions. If it is not possible to replace the product, remove the product defect or reduce the price, DANUCERA shall refund the amount due immediately, in accordance with applicable provisions of law.
§10 Complaints
1. Subject to the provisions of § 9 of these Terms and Conditions, any complaints, including complaints concerning the operation of the Online Store or concerning services provided electronically, may be submitted to DANUCERA:
a) in writing to the registered office address of DANUCERA,
b) by e-mail to: kontakt@danucera.pl.
2. A complaint should contain the details of the person or entity submitting the complaint (first and last name or full name, exact address or e-mail address), as well as an indication of the reason for the complaint and the content of the request; if the Customer relies on health-related aspects, a certificate from a doctor should be attached, subject to the fact that the detailed composition of each product is made available on the Online Store website.
3. DANUCERA shall consider complaints on the basis of these Terms and Conditions and generally applicable provisions of law in the Republic of Poland.
4. The response to a complaint shall be provided in the manner indicated by the Customer, i.e. by registered letter to the address provided in the complaint or by e-mail to the e-mail address provided in the complaint or from which the complaint was sent, within 14 days from the date of receipt of the complaint, unless these Terms and Conditions or a mandatory provision of law provides for a shorter period for responding to the complaint.
5. The Customer's use of the complaint procedure is voluntary.
§11 Withdrawal from the Agreement and Returns
1. A Customer who is a Consumer (as well as an entrepreneur to whom provisions concerning Consumers apply) may withdraw from the agreement without giving any reason within 14 days from the day on which the Product was taken into possession.
2. In order to meet the deadline, it is sufficient to send a statement of withdrawal before its expiry to the e-mail address: kontakt@danucera.pl or in writing to the address of the Entrepreneur.
3. The refund shall be made within 14 days from the date of receipt of the returned Product, using the same payment method that the Customer used for the original transaction, unless the Customer has expressly agreed to another solution.
4. The returned Product should be sent to the Entrepreneur's address no later than within 14 days from the date of withdrawal from the agreement. The direct cost of returning the Product shall be borne by the Customer.
5. The right of withdrawal does not apply in particular to a Product delivered in sealed packaging which cannot be returned after opening due to health protection or hygiene reasons, if the packaging was opened after delivery, and in other cases indicated in Article 38 of the Act on Consumer Rights.
6. In the event of withdrawal from the agreement, the Customer is obliged to return the product to DANUCERA in a condition showing no signs of use, in the original packaging, undamaged by the Customer. DANUCERA shall refund to the Customer the amount paid by the Customer in accordance with the provisions of these Terms and Conditions after verification of the received product.
7. The direct cost of returning the product as a result of withdrawal shall be borne by the Consumer.
8. DANUCERA may withdraw from the sales agreement for the product if the Customer fails to collect the product at the address indicated by the Customer and the product is returned to DANUCERA in intact, original packaging and does not show signs of use. DANUCERA may exercise this right within 5 days from the date of receipt of the product. DANUCERA shall inform the Customer of withdrawal from the agreement by e-mail.
9. The Customer has the right to withdraw from the agreement for the provision of an electronic service consisting of maintaining the Customer Account, referred to in § 2 paragraph 4 of the Terms and Conditions, without giving any reason. The withdrawal period expires after 14 days from the date of conclusion of the agreement (i.e. completion of the registration process). In order to exercise the right of withdrawal, the Customer should inform DANUCERA of their decision by means of an unequivocal statement (e.g. sent by post or electronically to kontakt@danucera.pl). In the event of withdrawal from the agreement, the agreement shall be deemed not to have been concluded. If the statement of withdrawal is submitted electronically (e.g. by e-mail), DANUCERA shall immediately confirm receipt of such statement by e-mail. In order to meet the deadline for withdrawal from the agreement, it is sufficient to send the statement before the expiry of the period indicated accordingly in the preceding sentences. In the event of withdrawal from the agreement, it shall be deemed not to have been concluded, which entails, among other things, the loss of rights assigned to the Customer Account.
§12 Refunds to Customers
1. DANUCERA shall make refunds immediately, but no later than within 14 days in the event of:
a. cancellation of an order or part of an order (in such a case, the corresponding part of the price shall be refunded);
b. return of a product (withdrawal from the agreement) from an order,
c. acceptance of a Complaint, a complaint under the guarantee and statutory warranty, and the inability to replace the product, remove the product defect or reduce the price,
d. rejection of the Customer's offer concerning an order.
2. In the event of withdrawal from the sales agreement for products in accordance with §10 of these Terms and Conditions and the Customer sending a statement of withdrawal to the e-mail address: kontakt@danucera.pl, DANUCERA shall refund the payment to the Customer immediately, i.e. if the order has not yet been sent to the Customer, no later than within 7 days from the date of receipt of the Customer's statement of withdrawal from the agreement, and if the order has been sent to the Customer, no later than within 7 days from the date of receipt of the ordered products in intact, original packaging and without signs of use. DANUCERA may refuse to refund payment for an order received from the Customer if the product(s) show signs of use or are damaged.
3. DANUCERA shall refund the payment using the same method of payment used by the Customer. The refund may be made by DANUCERA to the Customer's bank/credit union account or to an account linked to the Customer's payment card, in advance by bank transfer, e-transfer or, respectively, payment card.
4. To the fullest extent permitted by law, DANUCERA shall not be liable for failure to refund amounts paid or for delay in the refund if, despite DANUCERA exercising due diligence, including sending a request to the Customer at the e-mail address provided by the Customer to send DANUCERA the Customer's account number, the Customer fails to send DANUCERA such account number or the response does not contain data enabling the refund to be made. To the fullest extent permitted by law, DANUCERA shall not be liable for failure to refund amounts paid or for delay in the refund if this results from the Customer providing incorrect address details, personal details or an incorrect account number which, despite DANUCERA exercising due diligence, prevents the payment from being correctly executed.
§13 Personal Data
1. The controller of the personal data of Customers of the Online Store is DANUCERA. Providing personal data by the Customer is voluntary; however, it is necessary to make purchases and use those services provided electronically by DANUCERA which require the provision of personal data.
2. Provisions concerning the protection of the Customer's personal data are contained in the Privacy Policy and relevant Information Clauses, containing primarily information concerning the grounds, purposes, scope and manner of processing personal data and the rights of data subjects and the methods of exercising them, as well as information on the use in the Online Store of cookies and other similar technologies, including analytical tools.
3. The Privacy Policy is available at www.danucera.pl/polityka-prywatnosci.
§14 Newsletter
1. The Customer may order the provision by DANUCERA of a newsletter service (hereinafter: newsletter service). The newsletter service consists of DANUCERA periodically sending to the e-mail address provided by the Customer messages about DANUCERA products, including commercial information and information about current promotions.
2. Ordering the newsletter service is possible during the placement of an order or in the “sign up for the newsletter” tab or in another manner made available by DANUCERA. Ordering the newsletter service means that the Customer enters into an agreement with DANUCERA for the provision of an electronic service consisting of DANUCERA providing the services described in paragraph 1 above, on the terms specified in these Terms and Conditions.
3. The newsletter service is voluntary and free of charge. The newsletter service is provided for an indefinite period and the Customer may resign from it at any time. The Customer may at any time independently resign from the newsletter service by unchecking the relevant box in the Customer Account created as a result of registration. A Customer who ordered the newsletter solely by providing an e-mail address (without creating a Customer Account) may resign in the manner indicated in paragraph 4 below.
4. The Customer has the right to withdraw from the agreement for the provision of the newsletter service without giving any reason by clicking the previously sent “unsubscribe from the newsletter” link sent to the e-mail address or by sending information electronically to kontakt@danucera.pl. In the event of withdrawal from the agreement for the provision of the newsletter service, the agreement shall be deemed not to have been concluded.
5. Ordering the newsletter service requires the Customer's prior, separate and voluntary consent covering: a) receiving commercial information by means of electronic communication, in accordance with Article 10 of the Act of 18 July 2002 on the provision of services by electronic means; b) the use by DANUCERA of telecommunications terminal equipment and automatic calling systems for the purposes of direct marketing, in accordance with Article 398 of the Act of 12 July 2024, the Electronic Communications Law; c) processing of personal data (e-mail address) for the purpose of providing the newsletter service and marketing, pursuant to Article 6(1)(a) of the GDPR. Consent is given by checking the appropriate box (checkbox) in the subscription form; this box is not checked by default.
6. Before giving consent, the Customer receives access to information on the processing of personal data (information clause, Article 13 of the GDPR), including information about the data controller, the purpose and legal basis of processing, the period of data storage and the rights available, including the right to withdraw consent. This information is available in the Privacy Policy and Information Clause made available in the Online Store at www.danucera.pl.
7. In order to confirm the subscription and consent given, DANUCERA sends a message containing a confirmation link to the e-mail address provided (double opt-in mechanism). The agreement for the provision of the newsletter service is concluded, and the sending of the newsletter begins, upon confirmation of the subscription by the Customer by clicking this link.
8. The Customer may withdraw consent to receive the newsletter at any time, without affecting the lawfulness of processing carried out before its withdrawal. Withdrawal of consent is equivalent to resignation from the newsletter service and takes place in the manner indicated in paragraph 4 above.
§15 Conditions for Adding Reviews
1. These Terms and Conditions specify the rules for posting Reviews and using them by Customers of the Online Store www.danucera.pl operated by DANUCERA.
2. Reviews are made available through the Online Store.
3. Reviews come from Customers of the Online Store or from persons who purchased the Product outside the Online Store and from persons who used products under the DANUCERA brand, and may also come from persons who published reviews on external platforms of entities cooperating with DANUCERA, in particular on platforms of companies related by capital to DANUCERA that operate online stores in other countries.
4. DANUCERA places information next to Reviews for which it has verified, based on the means available to it, that they come from a Customer who purchased the given Product, informing of this fact. Additionally, an indication of a verified review may be attached to a review not obtained directly from a Customer from an entity related by capital to the manufacturer, posted by a person who purchased this product. Verification of a given Review as originating from a Customer who purchased the reviewed product takes place in accordance with these Terms and Conditions.
5. Together with the content of the Review, the Customer provides a rating of the given Product or Service on the scale indicated in the form. Individual ratings of the Product or Service are displayed next to each Review.
6. The overall rating of a given Product or Service is displayed on the Product or Service page next to its description and is calculated on the basis of the average of all or filtered Reviews.
7. DANUCERA does not post and does not commission the posting of false consumer reviews or recommendations, and does not distort or commission the distortion of consumer reviews or recommendations in order to promote products.
8. If DANUCERA considers that a Review is confirmed by a purchase, it places the annotation “purchase confirmed” together with the Review. A condition for posting a Review is that it was added by a Customer of the online store www.danucera.pl or by a person who purchased the product in another manner and used it.
9. Reviews may be posted by the entities indicated in paragraph 3 above.
10. Posting a Review is conditional upon acceptance of these Terms and Conditions.
11. In order to post a Review, the Customer completes the data indicated in the Review submission form.
12. The Customer is obliged not to provide their surname. The Customer provides their pseudonym or first name.
13. The Customer is obliged to provide their e-mail address when publishing a Review in the Online Store. The e-mail address is not, however, published together with the Review and serves only to verify the Customer or, if necessary, to contact them in connection with the published Review.
14. The Customer declares that the Reviews posted by them do not violate applicable laws or the rights of third parties. The Customer is responsible for the content of the Reviews posted by them; this also applies to the Customer possessing copyright-related rights to their Review.
15. DANUCERA informs that verification of a Review and its posting in the Online Store takes approximately 14 business days. Consequently, the Customer's Review will not be automatically published by DANUCERA.
16. DANUCERA reserves the right to refuse publication of Reviews or remove them if the Reviews:
a. violate generally applicable laws, call for racial, religious, ethnic, etc. hatred and contain fascist or pornographic content and content generally considered vulgar, promote violence, offend religious feelings or good morals, have an offensive character or may be construed as a threat,
b. infringe the copyrights of third parties, trade secrets or other intellectual property rights,
c. contain e-mail addresses, links to other websites, website addresses, messenger numbers, product prices, as well as any personal data,
d. are duplicated or copied by the Customer,
e. infringe the personal rights of natural persons or legal persons,
f. are contrary to the Terms and Conditions or Privacy Policy,
g. may mislead, in particular by posting a Review that does not concern the reviewed product or that may originate from a non-existent Customer.
17. If a Review posted by the Customer constitutes a work within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 1994 No. 24, item 83, as amended), the Customer, by voluntarily posting the Review in the Online Store, upon its creation (also in an unfinished form), grants DANUCERA a non-exclusive and royalty-free license with the right to grant sublicenses to entities of the DANUCERA capital group within the territory of the European Union to use such works by DANUCERA, which includes, in particular, publication of the works in the Online Store, as well as in other DANUCERA publications. The license is granted with respect to all fields of exploitation known at the time of the Customer's acceptance of the Terms and Conditions, in particular the fields of exploitation specified in Article 50 of the aforementioned Act on Copyright and Related Rights:
a. with regard to recording and reproduction of the work – production by a specified technique of copies of the work, including by printing, reprographic, magnetic recording and digital techniques,
b. with regard to trading in the original or copies on which the work has been fixed – placing into circulation, lending or renting the original or copies,
c. with regard to dissemination of the work in a manner other than that specified in point b) above – public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone may have access to it at a place and time individually selected by them.
18. DANUCERA may grant sublicenses to entities of the DANUCERA capital group operating within the territory of the European Union corresponding in scope to the license it received from the Customer.
19. The Customer also authorizes DANUCERA to publish the Review without identifying the Customer as its author, except for the obligation to publish the Customer's first name or pseudonym, provided that the pseudonym does not allow the Customer's identity to be determined. The Customer authorizes DANUCERA to grant authorization to entities of the DANUCERA capital group so that they may use the Review without the obligation to identify the Customer as its author, except for publication of the Customer's pseudonym.
20. The Customer authorizes DANUCERA to translate into any language and use the translated Review by DANUCERA or by such entity according to the principles resulting from the license. At the same time, the Customer authorizes DANUCERA to further grant authorization to entities of the DANUCERA capital group to translate into any language and use the translated Review by DANUCERA or by such entity according to the principles resulting from the license or, respectively, sublicense.
21. For the avoidance of doubt, DANUCERA may exercise the license granted to it using subcontractors.
22. The Customer has the right to submit complaints concerning the posting of Reviews, infringement of their rights, as well as infringement of the rights and obligations arising from these Terms and Conditions.
23. Complaints may be submitted by e-mail: kontakt@danucera.pl available in the Online Store.
24. DANUCERA is obliged to respond to the Customer's complaint within 14 days from the date of its receipt.
§16 Gift Cards
1. The Online Store offers the possibility of purchasing Gift Cards intended for use at DANUCERA SPA (ul. Piękna 15 lok. U2, 00-549 Warsaw), in denominations established in the sales system, in particular from PLN 500 to PLN 2,000, in increments of PLN 500.
2. Gift Cards may also be purchased in person at DANUCERA SPA for any amount; the detailed rules for in-person purchase are specified in the DANUCERA SPA Terms and Conditions.
3. A Gift Card ordered in the Online Store is issued in physical form and sent to the address indicated by the Customer in the order.
4. A Gift Card is not an electronic payment instrument or an electronic payment card within the meaning of applicable laws.
5. The validity period of a Gift Card is 12 months from the date of purchase. The Gift Card is payable to bearer.
6. A Gift Card may be used exclusively for cosmetology, cosmetic and Products services available at the Salon, in accordance with the current Price List. The Gift Card cannot be used for hairdressing services or nail styling.
7. A Gift Card may be used for a transaction with a value equal to or higher than its nominal value; in the event of a higher value, the Customer shall pay the difference.
8. A Gift Card is not exchangeable for cash. The Entrepreneur shall not be liable for the loss, destruction or damage of a Gift Card after it has been issued to the Customer.
9. In the event of purchasing a Gift Card through the Online Store, the Consumer (and an Entrepreneur with consumer rights) has the right to withdraw from the agreement on the terms specified in §11 of these Terms and Conditions, provided that the Gift Card has not been used.
§17 Final Provisions
1. The Customer may obtain free assistance regarding their rights and regarding a dispute between them and DANUCERA, including by contacting the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumers' Federation and the Polish Consumers Association). Information for consumers, including information on the possibility of obtaining assistance, is also available on the website of the President of the Office of Competition and Consumer Protection (www.uokik.gov.pl).
2. DANUCERA makes every effort to ensure that the services provided as part of the Online Store are of the highest standard; however, DANUCERA does not exclude the possibility of temporarily suspending the availability of the Online Store if it is necessary to carry out maintenance, inspection, replacement of equipment, or in connection with the need to modernize or expand the Online Store. DANUCERA shall make efforts to ensure that any suspension of the availability of the Online Store takes place during nighttime hours.
3. The Terms and Conditions are governed by the generally applicable laws of the Republic of Poland.
4. All product names placed on the website of the Online Store are used for identification purposes and may be protected and reserved pursuant to the provisions of the Act of 30 June 2000, Industrial Property Law, or other laws.
5. For statistical purposes and in order to ensure the highest possible quality of services, the Online Store uses information saved by the server on the Customer's terminal device, which is subsequently read each time the web browser connects (e.g. data saved in the browser storage).
6. The Customer may at any time determine the conditions for storing or accessing by the Online Store of information saved in the browser storage and other data storage facilities by means of solutions and/or settings provided for this purpose by their web browser, including changing browser settings so that it does not accept such information or informs about its transmission.
7. Use by the Customer of a browser whose settings permit the saving of information on the Customer's device means consent to the saving of data on the Customer's device. More information in this regard can be found in the Privacy Policy at www.danucera.pl/polityka-prywatnosci.
8. The language of agreements concluded with DANUCERA is Polish. All documents sent by DANUCERA (including invoices) shall be prepared exclusively in Polish.
9. DANUCERA reserves the right to amend these Terms and Conditions for an important reason, which is:
a. the need to adapt the Terms and Conditions to legal provisions having a direct impact on these Terms and Conditions and resulting in the need to modify the Terms and Conditions in order to maintain compliance with the law,
b. the need to adapt the Terms and Conditions to recommendations, orders, judgments, decisions, interpretations, guidelines or decisions of authorized public authorities,
c. expansion or change of the functionality of the Online Store, including introduction of new services provided electronically or change of existing functionalities of the Online Store,
d. change in the technical conditions for providing services electronically,
e. the need to remove ambiguities, errors or typographical errors that may occur in the Terms and Conditions,
f. change of contact details, names, identification numbers, electronic addresses or links included in the Terms and Conditions,
g. preventing abuse,
h. improving Customer service,
i. change of the process of concluding agreements through the Online Store.
10. The amended Terms and Conditions shall be made available in the Online Store. DANUCERA shall inform registered Customers in the Online Store about the amendment of the Terms and Conditions by sending a notification of the amendment of the Terms and Conditions to the e-mail address assigned to their Customer Account (together with the Terms and Conditions attached in PDF format).
11. The amended Terms and Conditions shall be binding on a registered Customer who does not terminate the agreement for maintaining the Customer Account in the Online Store (does not resign from the account on the terms specified in these Terms and Conditions) before the effective date of the amended Terms and Conditions. The effective date of the amended Terms and Conditions shall be at least 7 days from the date of notification of the amendment to the Terms and Conditions made in accordance with paragraph 8 above.
The amendment of the Terms and Conditions shall not affect orders placed before such amendment, which shall be fulfilled under the existing rules.
(Note: the European ODR platform at ec.europa.eu/consumers/odr has been discontinued – pursuant to Regulation (EU) 2024/3228, acceptance of new complaints ended on 20 March 2025, and Regulation No. 524/2013 ceased to apply on 20 July 2025. The above paragraph no longer applies.)
12. DANUCERA informs that, unless such obligation results from mandatory provisions of law, DANUCERA does not use out-of-court methods of pursuing claims (alternative dispute resolution). Furthermore, DANUCERA does not undertake to use the ODR platform referred to in the preceding paragraph. In the event of a dispute with DANUCERA, the Customer may seek assistance and advice from a municipal or district consumer ombudsman or consumer organizations such as the Consumers' Federation, the Polish Consumers Association and the European Consumer Centre. More information can be found on the websites of the aforementioned entities.
13. The Terms and Conditions shall apply as of 15 September 2026.