Terms and Conditions

Web Store Terms & Conditions – www.danucera.eu

The Web Store www.danucera.eu is operated by:

DANUCERA sp. z o.o., with its registered office in Warsaw, Poland, ul. Górnośląska 16 lok. 33, 00-432 Warszawa (Poland), entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register (KRS), at KRS No. 0001097617, with a share capital of PLN 5,000.00 (fully paid-up), NIP no.: 7011198587, REGON no.: 528276868.

All terms capitalized herein shall have the following meanings:

DANUCERA – DANUCERA sp. z o.o., with its registered office in Warsaw, Poland, ul. Górnośląska 16 lok. 33, 00-432 Warszawa (Poland), entered in the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register (KRS), at KRS No. 0001097617, with a share capital of PLN 5,000.00 (fully paid-up), NIP no.: 7011198587, REGON no.: 528276868, a manufacturer, seller, and owner of the web stores www.danucera.pl, www.danucera.eu.

Customer – a natural person, a legal person, or an unincorporated organizational unit with a legal capacity that uses the Web Store and enters into a sales contract regarding the products offered by the Web Store.

Customer Account (User Account) – the assets and authorizations of the Web Store’s IT system that are provided to the Customer once the authentication and authorization processes are completed.

Cart – a Web Store feature used to display the products selected by a Customer for purchase and to enter and modify order details, in particular: the number of items, billing data, shipping method, ship-to address.

Warehouse – the DANUCERA warehouse, where the products ordered by Customers are picked and returns are received (the right of withdrawal from contract under §10 hereof and the exercise of statutory warranty rights) at the following address: DANUCERA sp. z o.o., ul. Górnośląska 16 lok. 33, 00-432 Warszawa, Poland.

Reviews – reviews shall mean content with information about products or services that are or were available for sale on the Web Store.

Payment Processor – a third party, unrelated to DANUCERA, that acts as an intermediary in payment processing for electronic transfer payments and card payments.

Terms & Conditions – a set of rules and regulations governing a Customer’s use of the Web Store;

Complaint – any complaint, including that about the functioning of the Web Store or about services provided by electronic means.

Web Store – the Web Store operated by DANUCERA, available on www.danucera.eu.

Product Page – a page on the Web Store’s website that features product information.

§1
General

1. On the Web Store, DANUCERA offers only retail of products for the Customer’s own use. If you intend to purchase products in order to resell them, please contact kontakt@danucera.pl. Where the content of a purchase order or the circumstances of its placement suggest that the order was placed for any purpose other than for a Customer’s own use, DANUCERA may cancel such an order, of which the Customer will be informed by email.
2. These Terms & Conditions define in particular: the rules of registering on the Web Store, the rules of using the Web Store, the terms of placing and processing orders for products offered by DANUCERA, available on the Web Store, the rules of paying the product prices by a Customer, the terms of entering into a product sale contract, the Customer’s right to cancel the order and withdraw from the contract, the complaint procedure, the Customer’s rights.
3. You need an endpoint device with Internet access and a web browser to browse the pages of the Web Store. You also need an active email account to use some features of the Web Store, for example to register an account and order products.
   
   Please note that in order to use certain Web Store features and the Customer Account, you need the latest versions of software, systems, and web browsers, and you have to update them regularly. DANUCERA recommends using the latest available software to guarantee proper Web Store functioning to Customers.
   
   
4. While using the Web Store, Customers must not publish unlawful content that is against the law or good mores.
5. Customers may order products from the Web Store either after registering in accordance with these Terms & Conditions or after providing the required personal information and address details permitting order processing without registration.
6. Card payments and electronic transfer payments are processed via systems provided by Payment Processors. Such services are provided by:
   
   Stripe Payments Europe,
   Limited The One Building 1 Grand Canal Street
   Lower Dublin 2 Co. Dublin Ireland
   
   PayPal (Europe) S.à r.l. et Cie, S.C.A.
   22-24 Boulevard Royal
   L-2449 Luxembourg
   
   in accordance with the Terms & Conditions available on www.danucera.eu.
7. DANUCERA operates the Web Store to sell products with the ingredients as specified in the description of every product.

1. Having registered on the Web Store, Customers can: manage and modify their data, including the ship-to addresses specified for the ordered products; order and pay for products; browse order history; use other functionalities available to registered Customers.
2. To register on the Web Store, a Customer must fill out the registration form by giving their first and last name, email address and/or contact phone number, and password, as well as read and accept these Terms & Conditions.
3. Once a Customer fills out and submits the registration form, DANUCERA can send a registration confirmation email to the address provided by the Customer.
4. Registration on the Web Store and use of Web Store functionalities is free of charge. Registration means that a Customer enters into a contract with DANUCERA for an electronic service involving Customer Account operation on the terms as defined herein.
5. A Customer who is registered on the Web Store signs in by entering the data provided in the registration form or subsequently modified through Customer Account settings.
6. A Customer Account created as a result of registration is kept for the Customer for an indefinite period. A Customer may terminate their Web Store Customer Account by sending an email to this end to kontakt@danucera.pl. The Customer Account is deleted without undue delay and this is tantamount to termination of the Customer’s contract with DANUCERA for the electronic service involving operation of the Customer Account.
7. DANUCERA has the right to block a Customer Account in cases provided for in generally applicable laws or if the Customer, in their use of the Web Store, violates generally applicable laws, these Terms & Conditions, any rights of third parties, personality rights of third parties, or principles of community life, or if a vulnerability, threat, or any other event which results or may result in information security breach, IT system security breach, or infringement on the rights and freedoms of individuals is identified.
8. A Customer will be informed that their Customer Account has been or is going to be blocked either by email to the Customer’s address currently registered with the Web Store or on the Web Store pages. If a Customer Account is blocked in accordance with §2(7) hereof, DANUCERA has the right to terminate the electronic service contract with the Customer. DANUCERA exercises this right by sending a notice of contract termination to the Customer’s email address.
9. If a Customer Account is blocked in accordance with §2(7) and §2(8) hereof, DANUCERA may cancel any orders placed by that Customer which have not been completed. The cancellation may take place within 5 days after the Customer Account is blocked; if this happens, DANUCERA will make a refund for the order to the Customer.

§3 
Use of the Web Store

1. You sign in to the Web Store by filling out the sign-in form with the details provided at Customer Account registration.
2. A Customer who has registered a Customer Account may use all the available Web Store features for which the Customer is authorized.
3. A Customer must keep the user name and password to their Web Store Customer Account confidential.
4. A Customer may shop without completing the registration referred to in §2 hereof on the terms as described in detail herein.

1. The information on the products available on the Web Store is an invitation to enter in a contract within the meaning of Polish law.
2. The product prices specified on the Web Store pages include the VAT and are stated in EUR exclusive of the shipping costs. The total order cost is displayed in the Cart after the shopping method is selected, before a Customer places the order.
3. DANUCERA reserves the right to change product prices as needed. The right specified in the preceding sentence does not affect any orders placed before the price change.
4. DANUCERA may hold promotional campaigns and clearance sales on separate terms.

1. A Customer may order the products available on the Web Store 7 (seven) days a week, 24 (twenty-four) hours a day, except for maintenance breaks or any bans and restrictions on trade arising from mandatory laws and except for any other factors beyond the control of DANUCERA.
2. In order to place an order, please:
   
   a. sign in to the Web Store or use the option of placing an order without registering;
   b. select the product to be ordered and then select the “Add to cart” (or equivalent) button;
   c. enter the details of the order recipient and the details necessary for the shipment of the product (including the phone number for contacts regarding product receipt);
   d. select the shipping method (product delivery method);
   e. enter the billing data if different than the order receipt data, and other data as may be necessary for the order to be completed;
   f. choose the payment method;
   g. select the “Pay now” button.
   
   
3. DANUCERA does not provide wholesale through the Web Store. DANUCERA has the right to introduce a maximum number of items of a specific product or product category for one order or one Customer Account.
4. By placing an order, the Customer makes an offer to DANUCERA to enter into a sales (purchase) contract for the ordered product. The offer is binding for the Customer if DANUCERA promptly confirms its receipt.
5. After an order is placed and paid for, a message will be sent to the email address provided in the Customer Account or specified in the ordering process for shopping without registration to confirm that DANUCERA has received the order placed by the Customer. If the order can be completed, the Customer will receive an email with a confirmation that the order has been accepted for processing. An order acceptance confirmation is DANUCERA’S statement on accepting the offer referred to in §5(4) above. Upon order acceptance, a contract regarding such an order arises between the Customer and DANUCERA. DANUCERA has 5 days to confirm the acceptance of a Customer’s order (following the date when DANUCERA confirms it has received the order). Where DANUCERA fails to confirm the order for processing by the above deadline, no contract is concluded between the Customer and DANUCERA and any payments already made for an order that has not been accepted will be promptly returned to the Customer on the terms hereof.
6. If an ordered product is not in stock at the Warehouse or if a Customer’s order cannot be completed for other reasons, DANUCERA will inform the Customer about this by sending a message to the email address specified by the Customer or will communicate this on the phone by calling the number specified by the Customer within a time limit arising from the generally applicable laws. In such a case, the order will be canceled. Order cancellation for reasons specified in this section may take place not later than by the expiry date of the order lead time or, if no lead time has been set, within 14 days of order acceptance for processing by DANUCERA.
7. Where a part of an order cannot be completed for reasons specified in the preceding section, DANUCERA may offer the Customer the following options:
   
   a. cancellation of the whole order (if the Customer chooses this option, DANUCERA will be released from the obligation to complete the order);
   b. cancellation of the part of the order that cannot be completed within the specified time (if a Customer chooses this option, the order will be completed partially and DANUCERA will be released from the obligation to complete the remainder of the order);
   c. splitting the order and setting a new lead time for the part of the order which cannot be delivered by the original deadline (if the Customer chooses this option, the products comprising the order will be shipped in several separate batches).
   
   
8. If the Customer does not select any of the order processing options in the situation referred to in §5(7) or if it is not possible to contact the Customer, DANUCERA will deliver only those products to the Customer for which the order can be completed by the deadline, whereas the remainder of the order will be canceled, of which the Customer will be informed at the email address specified by the Customer in the ordering process. The partial order cancellation referred to in the preceding sentence may take place not later than by the expiry date of the order lead time or, if no lead time has been set, within 14 days of order acceptance for processing by DANUCERA.
9. DANUCERA has the right to cancel an order if the Customer fails to make a full payment within 7 days after the Customer receives the confirmation of order acceptance for processing. Order cancellation means that DANUCERA is released from the obligation to complete the order.
10. If an order is canceled in the circumstances specified in the preceding sections, DANUCERA will make a refund to the Customer in accordance with generally applicable laws. The refund terms are described in detail in §11 hereof.
11. The Customer is obligated to provide a valid (current) and precise address for the shipment of the ordered product. If the Customer provides an invalid or imprecise address, DANUCERA, to the maximum extent permissible by the law, shall not be liable for failure to deliver or for late delivery of the ordered product if this was the reason why it was unable to deliver the ordered product or to deliver it on time despite DANUCERA and the shipping company exercising due care.

1. A Customer may modify an order until the payment is made. Modifications include, for example: cancellation of all or some products in the order which have not been paid for, change of ship-to address, billing details, etc. For order cancellation where the payment has been made, refund shall be made in accordance with generally applicable laws. The refund terms are described in detail in §11 hereof.

1. Orders placed on the Web Store must be paid for in advance (before the ordered products are received). Payment methods include electronic transfer or card payment via the system referred to in §1(6) hereof.
2. Details regarding the available payment methods and the payment authorization method are presented on the Web Store and are visible at order placement.
3. Order processing starts after DANUCERA receives the full payment or, for payments processed by the Payment Processor, after the Payment Processor confirms that a full and valid payment has been made.
4. Once DANUCERA receives a full payment for the order and the payment is registered in the system referred to in §1(6) hereof, DANUCERA will send an invoice documenting the payment to the Customer to the email address provided at registration or specified during the ordering process without registering. By accepting these Terms & Conditions, the Customer agrees to receive invoices (including adjusting invoices) by electronic means.

1. On the Web Store website, DANUCERA states when the ordered products will be shipped by providing the number of business days (i.e. weekdays from Monday to Friday except for public holidays). The order lead time is no longer than 5 business days following order placement. Orders are shipped on business days only.
2. Orders are delivered through the selected courier service to an address specified by the Customer in European Union countries, Switzerland, or the United Kingdom. The www.danucera.eu Web Store offers product shipping only to the countries specified in the preceding sentence. Products can be shipped via another courier service only after the shipment is pre-paid and the purchase confirmation and the consignment note are sent to kontakt@danucera.pl.
3. Messages are emailed to the Customer in connection with order processing to update Customer on the ordering and processing stage (order status).
4. For the purpose hereof, a delivery is deemed completed the moment a Customer signs an order receipt confirmation from the courier company or the moment the courier company receives a confirmation that the order has been delivered.
5. The risk in the products passes to the Customer upon order delivery.

1. DANUCERA is liable to the Customer under the manufacturer’s warranty and statutory warranty for physical defects and legal defects of its products, where a physical defect means that the product is inconsistent with the contract. Please note that a product packaging visualization may differ from that presented on the Web Store, and this does not constitute a product defect.
2. Manufacturer’s warranty and statutory warranty cover latent defects resulting from material flaws or from the manufacturing process. This also means that the manufacturer’s warranty and statutory warranty do not cover (without limitation): mechanical damage, tears, abrasions, etc., damage caused by using the product improperly, unlike intended (storage in places other than specified, at different temperatures, etc.), or indication of product smell or lack thereof as the grounds for the complaint.
3. DANUCERA responds to Customer complaints under the manufacturer’s warranty and statutory warranty within 14 (fourteen) business days and informs the Customer about the next steps.
4. A complaint should include the details of the person or entity lodging the complaint under the manufacturer’s warranty or statutory warranty (first and last name or full business name, contact details) and specify the grounds for the complaint as well as the claim. In order to enable DANUCERA to review a complaint under the manufacturer’s warranty and statutory warranty, the Customer should deliver the affected product(s) along with proof of purchase and complaint description to DANUCERA.
5. The affected product, the proof of purchase, and the complaint description must be sent to the Warehouse address, i.e.: DANUCERA sp. z o.o., ul. Górnośląska 16 lok. 33, 00-432 Warszawa, Poland.
6. If the outcome of a complaint under the manufacturer’s warranty or statutory warranty is in favor of the Customer, DANUCERA shall promptly replace the defective product with a defect-free product. This does not affect the Customer’s right to request price reduction or to cancel the contract in accordance with the applicable laws. If it is not possible to replace the product or fix the product defect or reduce the price, DANUCERA will promptly make a refund in accordance with the applicable laws. 

1. Subject to §9 hereof, any complaints, including complaints about the functioning of the Web Store or about electronic services, may be filed to DANUCERA:
   
   a) in writing to the address of DANUCERA’S registered office (DANUCERA sp. z o.o., ul. Górnośląska 16 lok. 33, 00-432 Warszawa, Poland);
   b) by email to: kontakt@danucera.pl.
   
   
2. A complaint should include a full complaint description, details of the person or entity filing the complaint, the first and last name or full business name, an exact address or email address, as well as the grounds for the complaint and the claim; if the Customer is raising health issues, they must attach a medical certificate but they must bear in mind that the ingredients of every product are presented on the Web Store and by making the purchase the Customer confirms being familiar with product information. A Customer must attach the affected product(s) with the complaint, along with the proof of product purchase, and send this to DANUCERA’S address specified in §10(1)(a).
3. DANUCERA will review complaints based on these Terms & Conditions and the general laws in force in the Republic of Poland.
4. A reply to a complaint is provided in the manner specified by Customer, i.e. by registered letter to the address specified in the complaint or by email to the address specified in the complaint or the email address from which the complaint was sent – within 14 days of the complaint receipt date, unless these Terms & Conditions or a mandatory provision of the law provide for a shorter time limit for replying to the complaint.
5. The Customer uses the complaint procedure on a voluntary basis.

1. A Customer has 14 calendar days to withdraw from the sales contract for a product purchased on the Web Store without cause and at no cost except for the costs defined below. The time limit for withdrawal from the contract starts to run the moment the Customer takes possession of the item.
2. A Customer who wishes to withdraw from the contract must inform DANUCERA about their decision to withdraw from the contract in a unilateral notice (for instance a notice sent by post or by email). A Customer may use the statutory contract withdrawal form but this is not mandatory. To make sure that the deadline for withdrawal from the contract is adhered to, all the Customer needs to do is send the notice on exercising their right to withdraw from the contract before the expiry of the deadline for withdrawal from the contract. DANUCERA will promptly confirm the receipt of the above notice.
3. In the case of withdrawal from the contract, a Customer shall return the product to DANUCERA without any signs of use and in the original packaging untampered with by the Customer. DANUCERA will make a refund to the Customer in accordance with §11 hereof after it verifies the returned product.
4. The Consumer pays the direct cost of product return resulting from withdrawal from the contract.
5. A Customer who has withdrawn from the contract shall return the product to DANUCERA originally packed and unused without undue delay but not later than 14 days after the withdrawal from the contract. For the deadline to be observed, the item must be sent before such a deadline. The Customer shall return the ordered product by sending it to the Warehouse, i.e.: DANUCERA sp. z o.o., ul. Górnośląska 16 lok. 33, 00-432 Warszawa, Poland.
6. DANUCERA may withdraw from the product sales contract if the Customer fails to collect the product at the address specified by the Customer and the product returns to DANUCERA in undamaged original packaging without any signs of use. DANUCERA has 5 days following the receipt of the product to exercise this right. DANUCERA will inform the Customer about withdrawal from the contract by email.
7. The Customer has the right to withdraw from a contract for the electronic service involving the operation of Customer Account referred to in §2(4) hereof without cause. The time limit for contract withdrawal expires 14 days after contract conclusion (i.e. completion of the registration process). To exercise the right of withdrawal, the Customer shall inform DANUCERA of their decision in an explicit notice (e.g. sent by letter or emailed to kontakt@danucera.pl). In the case of withdrawal from contract, the contract is deemed not concluded. If the notice is given by electronic means (e.g. by email), DANUCERA will promptly confirm the receipt of such notice by email. For the time limit for withdrawal from contract to be deemed observed, the Customer must send the notice before the expiry of the time limit specified in the preceding sentences. In the case of withdrawal from contract, the contract is deemed not concluded, which entails for instance loss of the rights attached to the Customer Account.

1. DANUCERA shall make the refund promptly using the method which was used to pay for the order but not later than within 14 days if:
   
   a. the order or a part thereof is canceled (in this case, a proportionate part of the price shall be refunded);
   b. the product from the purchase order is returned (withdrawal from contract);
   c. a complaint under the manufacturer’s warranty or statutory warranty is recognized and it is not possible to replace the product or fix the product defect or reduce the price; kontakt@danucera.pl
   d. the Customer’s offer regarding the order is not accepted.
   
   
2. If a Customer withdraws from a product sales contract in accordance with §10 hereof and sends a notice of withdrawal to the email address:, DANUCERA makes a refund to the Customer without undue delay, i.e. not later than 7 days after receiving the Customer’s notice of withdrawal for orders that have not been shipped to the Customer yet or not later than 7 days after receiving the returned products in untampered original packaging without any signs of use if the order has already been shipped to the Customer. DANUCERA may refuse to make the refund for an order returned by the Customer if the products bear any signs of use or are damaged.
3. DANUCERA will make the refund using the same payment method as the one used by the Customer. DANUCERA may make the refund to the Customer’s bank account or to the account linked to the Customer’s payment card in advance by wire transfer, electronic transfer or, as the case may be, payment card.
4. To the broadest extent permissible by the law, DANUCERA shall not be liable for failure to make the refund or for any delay in making the refund if, despite due care exercised by DANUCERA, which includes a notice sent to the Customer to the email address specified by the Customer requesting the Customer to send DANUCERA the Customer’s account number, the Customer fails to send DANUCERA the account number or the Customer’s reply fails to contain the details required for making the refund. To the broadest extent permissible by the law, DANUCERA shall not be liable for failure to make the refund or for any delay in making the refund if this results from the Customer providing a wrong address, name, or account number in a way that makes it impossible to properly make the refund despite due care on the part of DANUCERA.

1. DANUCERA is the data controller of the data of Web Store Customers. Customers provide their data freely but are required to do so in order to shop and use any electronic services of DANUCERA which require the provision of personal data.
2.  The provisions on the protection of the Customer’s personal data are laid down in the Privacy Policy and in appropriate Information Notices and they contain primarily information about the grounds, purposes, scope, and methods of personal data processing, the rights of data subjects, and the ways of exercising those rights, as well as information about the Web Store’s use of cookies and other similar technologies, including analytical tools.
3. The Privacy Policy is available on www.danucera.eu/pages/polityka-prywatnosci.

1. A Customer may order a newsletter service from DANUCERA (hereinafter: newsletter service). The newsletter service means that DANUCERA sends periodic information about DANUCERA products, including commercial information and information on current special offers, to the email address provided by a Customer.
2. A Customer may subscribe to the newsletter while placing an order or in the “Subscribe to newsletter” section or otherwise as provided for by DANUCERA. By subscribing to the newsletter, the Customer enters into an electronic service contract with DANUCERA, where the electronic service involves the provision by DANUCERA of the services described in §14(1) on the terms as defined herein.
3. The newsletter service is voluntary and free of charge. The newsletter service is provided for an indefinite period and the Customer may unsubscribe at any time. The Customer may unsubscribe from the newsletter service on their own by unchecking an appropriate box from the Customer Account created as a result of registration.
4. The Customer has the right to withdraw from the newsletter service contract without cause by clicking the “Unsubscribe from newsletter” link sent to the email address or by emailing such information to kontakt@danucera.pl. In the case of withdrawal from the newsletter service contract, the contract is deemed not concluded.

1. These Terms & Conditions define the rules of Review posting and use by Customers of the danucera.eu Web Store operated by DANUCERA.
2. Reviews are displayed on the Web Store.
3. Reviews come from Customers of the Web Store or individuals who have purchased a product outside the Web Store or individuals who have used DANUCERA brand products and they may also come from individuals who have published Reviews on external platforms of DANUCERA’s partners, especially on platforms of companies with capital ties to DANUCERA that operate web stores in other countries.
4. Where DANUCERA has information verified based on the available means that specific Reviews come from Customers who have bought a given product, DANUCERA posts such information next to the Review. A marking indicating a verified Review may also be attached to a Review that has not been obtained directly from a Customer but that comes from a party having capital ties to the manufacturer and was given by a person who bought the product. The process of verifying if a Review comes from a Customer who has bought the product is done in accordance with these Terms & Conditions.
5. Along with the content of a Review, a Customer rates the product or service according to a scale provided in the form. Individual product or service ratings are posted next to every Review.
6. A general rating of a product or service is posted in the product or service data sheet next to its description and it is calculated as the mean value of either all individual Reviews or filtered individual Reviews.
7. DANUCERA neither posts nor commissions the posting of fake customer Reviews or recommendations, nor does it distort or commission the distortion of customer Reviews or recommendations in order to promote its products.
8. Where DANUCERA believes that a Review comes from a verified buyer, it posts a“Verified Buyer” annotation with the Review. Reviews can only be posted if they were added by a Customer of the Web Store danucera.pl, www.danucera.eu, www.danucera.com or by a person who has bought the product elsewhere and has used it.
9. Reviews can be posted by the parties mentioned in §15(3).
10. These Terms & Conditions must be first accepted before a Review can be posted.
11. In order to post a Review, a Customer fills out the data specified in the Review submission form.
12. The Customer must not give their last name. The Customer shall give their nickname or first name.
13. The Customer must give their email address while posting a Review on the Web Store. The email address is not posted with the Review as it only serves the purpose of verifying the Customer or, where applicable, contacting the Customer in connection with the Review.
14. The Customer represents that their Reviews do not violate the applicable laws or any third-party rights. Customers are responsible for the content of the Reviews they post, which shall also apply to Customers having creative rights in their Reviews.
15. Please be informed that it takes about 14 business days to verify a Review and post it on the Web Store. Consequently, a Customer’s Reviews are not posted automatically by DANUCERA.
16. DANUCERA reserves the right to refuse to post Reviews or to delete them if the Reviews:
    
    a) violate generally applicable laws, incite racial, religious, ethnic, etc. hatred, or contain fascist, pornographic, and generally offensive content or if they promote violence, offend religious feelings or good mores, are insulting, or may be read as a threat;
    b) infringe on copyright of third parties, business secrets, or other intellectual property rights;
    c) contain email addresses, links to other websites, URLs, messaging app numbers, product prices, or any personal data;
    d) are copied or duplicated by the Customer;
    e) infringe on the personality rights of natural persons or legal persons;
    f) violate these Terms & Conditions or the Privacy Policy;
    g) are misleading, especially if they are not related to the product that is being reviewed or if they come from a fake Customer.
    
    
17. If a Review posted by a Customer is a work within the meaning of Polish law (Polish Copyright and Related Rights Act of February 4, 1994 (Journal of Laws of 1994 No. 24 item 83 as amended) or European Union law (Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society as amended, including by Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market)) or the Berne Convention for the Protection of Literary and Artistic Works (1886) or the Universal Copyright Convention (1952) or the World Intellectual Property Organization Copyright Treaty (1996), then the Customer, by posting the Review voluntarily on the Web Store, grants DANUCERA, the moment the Review is established (also if unfinished), a non-exclusive and free-of-charge license, with the right to grant sublicenses to DANUCERA Group entities in the European Union, Switzerland, and United Kingdom, to use such works, the license covering especially the posting of the works on the Web Store and in other publications of DANUCERA. The license is granted for all fields of use known at the acceptance of these Terms & Conditions by the Customer, especially for the fields of use defined in Article 50 of the Polish Copyright Act (Copyright and Related Rights Act of February 4, 1994, Journal of Laws of 1994 No. 24 item 83 as amended), i.e.:
    
    a) fixation and reproduction of the work – production of copies of the work using any method, including printing, reprography, magnetic recording, and digital technology;
    b) trading in the original or in the copies whereon the work has been recorded – the right to put the original or the copies in circulation, lease them or loan them for use;
    c) dissemination of the Work otherwise than as specified in § 15(17)(b) – public performance, exhibition, display, screening, airing, broadcasting, and re-broadcasting, as well as making the Works available to the public a way enabling anyone to access them in the place and at the time of their choosing.
    
    
18. DANUCERA may grant sublicenses to DANUCERA Group entities which operate in the European Union, with sublicense scope corresponding to that of the license granted to DANUCERA by the Customer.
19. A Customer posting a Review that is a copyrightable work enjoys copyright protection by default. The protection of the work commences upon its creation. However, it may be necessary for the Customer to inform DANUCERA that they are the author of a given work. The Customer may do this by attaching a copyright notice to the work, e.g. “All rights reserved” or the © and the year when the work was created.
20. The Customer also authorizes DANUCERA to publish Reviews without attributing the authorship to the Customer, except for the obligation to post the first name or nickname of the Customer, provided that the nickname is not enough to establish the identity of the Customer. The Customer allows DANUCERA to authorize DANUCERA Group entities to use the Review without being obligated to attribute the authorship to the Customer otherwise than by posting the Customer’s nickname.
21. The Customer authorizes DANUCERA to translate the Review to any language and agrees that DANUCERA or another party may use this translation on the terms arising from the license. At the same time, the Customer authorizes DANUCERA to further authorize DANUCERA Group entities to translate their Review to any language and agrees that DANUCERA and such entity may use this Review on the terms arising from the license or sublicense, as appropriate.
22. For the avoidance of doubt, DANUCERA may exercise its license through subcontractors.
23. A Customer has the right to file complaints about the posting of Reviews, about infringements on the Customer’s rights, and about violations of the rights and responsibilities hereunder.
24. Complaints can be emailed to the address kontakt@danucera.pl available on the Web Store.
25. DANUCERA shall reply to the Customer’s complaint within 14 days of receiving it.

1. DANUCERA makes every effort to guarantee the highest level of the services provided by the Web Store but DANUCERA cannot rule out a possibility of temporary unavailability of the Web Store if maintenance, review, or equipment replacement is needed or if the Web Store needs modernization or development. DANUCERA will make every effort to limit any temporary unavailability of the Web Store to night hours.
2. The Terms & Conditions are subject to the Polish laws generally applicable in the Republic of Poland; however, the conflict of law provisions regarding the Customer’s consumer rights shall only apply to the extent this does not affect the protection granted to the Customer/consumer under such laws of their permanent residence which cannot be excluded contractually (the principle of prevalence of more favorable terms).
   
   The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
   
   
3. Any product names posted on the Web Store are used for identification purposes and may be protected and restricted under the Polish Industrial Property Act of June 30, 2000, or other legal regulations.
4. For statistical purposes and in order to guarantee the highest maximum quality of service, the Web Store uses information saved by the server on a Customer’s endpoint device, which information is read each time a web browser establishes a connection (e.g. data are stored in the web browser storage).
5. The Customer may at any time define the rules of the Web Store storing or accessing the information saved in the web browser storage and other data storages via the solutions provided for this purpose and/or via the settings of their web browser, which includes changing the web browser settings to prevent it from accepting such information or to make it report the transmission of such information.
6. A Customer’s use of a web browser with settings that make it possible to save information on the Customer’s device means agreeing for data to be saved on such a Customer device. For more on this subject, go to the Privacy Policy on www.danucera.eu/pages/privacy-policy.
7. English is the language of the contracts entered into with DANUCERA through www.danucera.eu. Any documents sent by DANUCERA (including invoices) will be prepared in English.
8. DANUCERA reserves the right to amend the Terms & Conditions for valid reasons, i.e.:
   
   a. the need to adapt the Terms & Conditions to legal regulations which have a direct impact on these Terms & Conditions and which require modifying the Terms & Conditions in order to keep them in compliance with the law;
   b. the need to adapt the Terms & Conditions to any recommendations, orders, rulings, judgments, interpretations, guidelines, or decisions of competent public authorities;
   c. development or change of Web Store functionalities, including the introduction of new services provided by electronic means or any change of the existing Web Store functionalities;
   d. change of the technical conditions of service provision by electronic means;
   e. the need to eliminate ambiguities, mistakes or typing errors, if any, in the Terms & Conditions;
   f. change of contact details, names, identification numbers, electronic addresses, or links posted in the Terms & Conditions;
   g. prevention of abuse;
   h. improvement of Customer service;
   i. change of the Web Store contracting process.
   
   
9. Amended Terms & Conditions will be made available on the Web Store. DANUCERA will inform Customers registered on the Web Store about any amendment hereof by sending a notice on amendment to the email address assigned to the Customer Account (along with Terms & Conditions attached as a PDF).
10. Amended Terms & Conditions shall be binding upon those registered Customers who do not terminate the Web Store Customer Account contract (do not terminate the account on the terms as defined herein) before the effective date of amended Terms & Conditions. The effective date of amended Terms & Conditions is at least 7 days after the notification on the amendment of the Terms & Conditions in accordance with §16(8).
    
    No amendment of the Terms & Conditions shall affect purchase orders placed before such an amendment, as they will continue to be processed on the previous terms.
    
    
11. Please be informed that an online ODR platform is available on http://ec.europa.eu/consumers/odr for online dispute resolution between consumers residing in the European Union and entrepreneurs based in the European Union who want to use out-of-court methods to resolve disputes regarding contractual obligations arising from online sales contracts or service contracts.
12. Please be informed that unless such obligation arises from mandatory laws, DANUCERA does not use out-of-court methods for the assertion of claims (out-of-court dispute resolution). Furthermore, DANUCERA assumes no obligation to use the ODR platform referred to in the preceding paragraph.
13. A severability clause applies to these Terms & Conditions and to the Contract, which means that if certain provisions are partially invalid, this does not render the entire Contract or the Terms & Conditions invalid.
14. The Privacy Policy on danucera.eu/pages/privacy-policy is an integral part hereof.

 

The Terms & Conditions shall become effective on September 9th, 2024.