TABLE OF CONTENTS:

1. GENERAL PROVISIONS

2. ELECTRONIC SERVICES IN THE ONLINE STORE

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

5. COST, METHODS, AND DELIVERY TIME OF THE PRODUCT

6. COMPLAINT HANDLING PROCEDURE

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

8. RIGHT TO WITHDRAW FROM THE AGREEMENT

9. PROVISIONS CONCERNING ENTREPRENEURS

10. PRODUCT REVIEWS

11. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE REGULATIONS

12. FINAL PROVISIONS

13. TEMPLATE WITHDRAWAL FORM

This Online Store Regulation has been prepared by the lawyers of Prokonsumencki.pl. The online store www.matchin.store cares about consumer rights. The consumer cannot waive the rights granted to them under the Consumer Rights Act. Provisions of agreements less favorable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights granted by absolutely binding legal provisions, and any doubts should be interpreted in favor of the consumer. In case of any inconsistency between the provisions of these Regulations and the above-mentioned provisions, the latter shall prevail and should be applied.

 

1. GENERAL PROVISIONS

1.1. The Online Store available at www.matchin.store is operated by Wiktoria Breś, conducting business under the name MATCHIN' WIKTORIA BREŚ, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy, with the following details: business address and address for service: ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz, NIP 9532809178, REGON 540779040, email address: hello@matchin.store, and phone number: +48 509 179 679.

1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a specific provision of the Regulations states otherwise.

1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for purposes, for periods, and based on grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily contains rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and period of personal data processing, as well as the rights of individuals whose data is processed, and information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Similarly, providing personal data by the Service User or Customer using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (conclusion of an agreement and statutory obligations of the Seller).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1–102).

1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.3. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.4. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.5. CIVIL CODE – Act of 23 April 1964, Civil Code (consolidated text: Journal of Laws of 2024, item 1061, as amended).

1.4.6. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, enabling all Service Users using it to automatically receive periodic content of subsequent editions of the newsletter containing information about Products, news, and promotions in the Online Store.

1.4.7. ILLEGAL CONTENT – information that, by itself or by reference to an action, including the sale of Products or provision of Electronic Services, is not compliant with the law of the European Union or the law of any member state that is compliant with the law of the European Union, regardless of the specific subject or nature of that law.

1.4.8. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.

1.4.9. REGULATIONS – these regulations of the Online Store.

1.4.10. ONLINE STORE – the Service Provider's online store available at: www.matchin.store.

1.4.11. SELLER, SERVICE PROVIDER – Wiktoria Breś, conducting business under the name MATCHIN' WIKTORIA BREŚ, registered in the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for the economy, with the following details: business address and address for service: ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz, NIP 9532809178, REGON 540779040, email address: hello@matchin.store, and phone number: +48 509 179 679. 1.4.12.

1.4.12 SALES AGREEMENT – a sales agreement for the Product concluded or to be concluded between the Customer and the Seller via the Online Store.

1.4.13. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service User via the Online Store.

1.4.14. SERVICE USER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity – using or intending to use the Electronic Service.

1.4.15. CONSUMER RIGHTS ACT – Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2023, item 2759, as amended).

1.4.16. ORDER – the Customer's declaration of intent submitted via the Order Form and aimed directly at concluding a Sales Agreement for the Product with the Seller.

2. ELECTRONIC SERVICES IN THE ONLINE STORE

2.1. The following Electronic Services are available in the Online Store: Order Form and Newsletter.

2.1.1. Order Form – The use of the Order Form begins when the Client adds the first Product to the electronic cart in the Online Store. Placing an Order occurs after the Client completes two consecutive steps – (1) filling out the Order Form and (2) clicking the highlighted action field on the Online Store's page after filling out the Order Form, which redirects to the payment process. Until this point, it is possible to independently modify the entered data (to do this, follow the displayed messages and information available on the Online Store's page). The Order Form requires the Client to provide the following Client details: name and surname, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and details regarding the Sale Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), payment method. For Clients who are not consumers, it is also necessary to provide the company name and VAT number.

2.1.1.1. The Electronic Service Order Form is provided free of charge and is one-time in nature, ending when the Order is placed through it or when the Service User stops placing the Order through it.

2.1.2. Newsletter – the use of the Newsletter occurs after the Service User provides their email address in the "Newsletter" field visible on the Online Store's website, to which subsequent editions of the Newsletter will be sent, and clicks the "Subscribe" field. The Newsletter can also be subscribed to by checking the appropriate checkbox during the Order placement – upon placing the Order, the Service User is subscribed to the Newsletter.

2.1.2.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service User can unsubscribe from the Newsletter at any time and without giving any reason by sending an appropriate request to the Service Provider, particularly via email to: hello@matchin.store or in writing to: ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz.

2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to email; (3) an up-to-date web browser: Mozilla Firefox; Opera; Google Chrome; Safari; or Microsoft Edge; (4) recommended minimum screen resolution: 1024x768; (5) enabling the ability to save Cookies and support Javascript in the web browser.

2.3. The Service User is obliged to use the Online Store in accordance with the law and good practices, respecting personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service User is obliged to provide data consistent with the actual state. The Service User is prohibited from providing unlawful content, including Illegal Content.

2.4. The complaint procedure regarding Electronic Services is indicated in point 6 of the Regulations.

3. CONDITIONS FOR CONCLUDING A SALES AGREEMENT

3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order using the Order Form in the Online Store in accordance with point 2.1.1 of the Regulations.

3.2. The price of the Product or the remuneration for the Product displayed on the Online Store's website is given in the currency currently indicated on the Online Store's website and includes taxes. The Customer is informed about the total price or remuneration including taxes, and if the nature of the Product does not allow, reasonably assessing, for prior calculation of their amount – the manner in which they will be calculated, as well as the delivery costs (including transport, delivery, or postal services fees) and other costs, and if the amount of these fees cannot be determined – the obligation to pay them, on the Online Store's website, including during the Order placement and at the moment the Customer expresses the will to be bound by the Sales Agreement.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form: 3.3.1. The conclusion of a Sales Agreement between the Customer and the Seller occurs after the Customer places an Order in the Online Store in accordance with point 2.1.2 of the Regulations. 3.3.2. After placing the Order, the Seller promptly confirms its receipt and simultaneously accepts the Order for execution. The confirmation of receipt of the Order and its acceptance for execution occurs by sending the Customer an appropriate email to the email address provided during the Order placement, which contains at least the Seller's statements about receiving the Order and accepting it for execution, and confirmation of the conclusion of the Sales Agreement. Upon receiving the above-mentioned email, the Sales Agreement between the Customer and the Seller is concluded.

3.4. The recording, securing, and making available to the Customer the content of the concluded Sales Agreement occurs through (1) making these Regulations available on the Online Store's website and (2) sending the Customer the email referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store's ICT system.

4. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:

4.1.1. Payment by bank transfer to the Seller's bank account.

4.1.2. Electronic payments and credit card payments via the TPay.com service – the currently available payment methods are specified on the Online Store's website in the payment information tab and during the Order placement.

4.1.2.1. Transactions with electronic payments and credit card payments are processed according to the Customer's choice via the TPay.com service. The handling of electronic payments and credit card payments is conducted by Krajowy Integrator Płatności S.A. based in Poznań (registered office address: pl. Andersa 3, 61-894 Poznań), entered in the Register of Entrepreneurs of the National Court Register under number KRS 0000412357; registration files kept by the District Court Poznań – Nowe Miasto and Wilda in Poznań, share capital of PLN 5,494,980.00 fully paid, NIP: 7773061579.

4.2. The Client is obliged to make payment by bank transfer, electronic payment, or payment by credit card within 7 calendar days from the date of the Sale Agreement.

4.3. In the event that the Client chooses electronic payment or payment by credit card, for technical reasons, the Client should make the payment immediately after being redirected from the Order Form to the external payment gateway – otherwise, the payment session may expire and the Order will not be completed. The Client may then repeat the Order process in the same manner as the first time.

5. COST, METHODS, AND DELIVERY TIME OF THE PRODUCT

5.1. Delivery of the Product to the Customer is paid, unless the Sales Agreement states otherwise. The delivery costs of the Product (including transport, delivery, and postal services fees) are indicated to the Customer on the Online Store's website during the Order placement, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

5.2. The Seller provides the Customer with the following delivery methods for the Product: 5.2.1. Courier delivery. 5.2.2. Delivery with pickup at a parcel machine.

5.3. The delivery time of the Product to the Customer is (1) up to 15 Business Days – for delivery of the Product to an address within the territory of the Republic of Poland, and (2) up to 20 Business Days – for delivery of the Product to an address outside the territory of the Republic of Poland, counting from the day the Seller's bank account or settlement account is credited, unless a shorter period is specified in the description of the given Product or during the Order placement. In the case of Products with different delivery times, the delivery time is the longest specified period, which, however, cannot exceed 15 Business Days.

6. COMPLAINT HANDLING PROCEDURE

6.1. This point 6 of the Regulations specifies the complaint handling procedure common to all complaints submitted to the Seller, in particular complaints regarding Products, Sales Agreements, Electronic Services, and other complaints related to the Seller's or Online Store's operation.

6.2. A complaint can be submitted, for example: 6.2.1. In writing to the address: ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz; 6.2.2. Electronically via email to: hello@matchin.store.

6.3. The Product can be sent or returned as part of the complaint to the address: ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz.

6.4. It is recommended to include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity or non-compliance with the agreement; (2) a request for a method to bring the Product into compliance with the agreement or a statement on price reduction or withdrawal from the agreement or another claim; and (3) contact details of the complainant – this will facilitate and expedite the complaint handling process. The requirements mentioned in the previous sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.

6.5. In case of a change in the contact details provided by the complainant during the complaint handling process, the complainant is obliged to notify the Seller.

6.6. The complainant may attach evidence (e.g., photos, documents, or the Product) related to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g., photos) if it facilitates and expedites the complaint handling process by the Seller.

6.7. The Seller will respond to the complaint promptly, no later than within 14 calendar days from the date of its receipt.

6.8. The basis and scope of the Seller's statutory liability are defined by generally applicable laws, in particular the Civil Code, the Consumer Rights Act, and the Act on the Provision of Electronic Services of 18 July 2002 (consolidated text: Journal of Laws of 2020, item 344, as amended). In the case of a complaint regarding a Product purchased by the Customer based on a Sales Agreement concluded with the Seller from 1 January 2023, the Seller's liability for compliance with the agreement is defined by the provisions of the Consumer Rights Act in the version effective from 1 January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions define, in particular, the basis and scope of the Seller's liability towards the consumer in case of non-compliance of the Product with the Sales Agreement.

6.9. The provisions contained in this point 6 of the Regulations regarding the consumer also apply to a Customer who is a natural person concluding an agreement directly related to their business activity, when it follows from the content of this agreement that it does not have a professional nature for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity.

7. OUT-OF-COURT METHODS OF HANDLING COMPLAINTS AND PURSUING CLAIMS AND RULES OF ACCESS TO THESE PROCEDURES

7.1. Methods of resolving disputes without court involvement include (1) facilitating the rapprochement of the parties' positions, e.g., through mediation; (2) proposing a solution to the dispute, e.g., through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g., through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, rules of access to these procedures, and a friendly search engine for entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose task is, among other things, to provide consumers with information regarding out-of-court resolution of consumer disputes. The consumer can contact the point: (1) by phone – calling the number 22 55 60 332 or 22 55 60 333; (2) via email – sending a message to: kontakt.adr@uokik.gov.pl; or (3) in writing or in person – at the headquarters of the Office at plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3. The consumer has the following exemplary possibilities to use out-of-court methods of handling complaints and pursuing claims: (1) an application for dispute resolution to a permanent consumer arbitration court; (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection; or (3) assistance from the district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., Consumer Federation, Polish Consumers Association). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and via the consumer helpline at 801 440 220 (helpline available on Business Days, from 8:00 to 18:00, call charge according to the operator's tariff).

8. RIGHT TO WITHDRAW FROM THE AGREEMENT

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.9 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. The statement of withdrawal from the contract may be submitted, for example:

8.1.1. In writing to the address: ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz;

8.1.2. Electronically via email to: hello@matchin.store.

8.2. The return of the Product as part of the withdrawal from the contract may be made to the address: ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz.

8.3. A sample withdrawal form is included in Annex 2 to the Consumer Rights Act and is additionally available in point 13 of the Regulations. The consumer may use the sample form, but it is not mandatory.

8.4. The period for withdrawal from the contract begins:

8.4.1. For a contract in which the Seller issues the Product, being obliged to transfer its ownership – from taking possession of the Product by the consumer or a third party indicated by the consumer other than the carrier, and in the case of a contract that: (1) includes many Products that are delivered separately, in batches or parts – from taking possession of the last Product, batch, or part, or (2) involves regular delivery of Products for a specified period – from taking possession of the first of the Products;

8.4.2. For other contracts – from the date of the contract.

8.5. In the event of withdrawal from a distance contract, the contract is considered not concluded.

8.6. The Seller is obliged to promptly, no later than within 14 calendar days from the date of receipt of the consumer's statement of withdrawal from the contract, refund to the consumer all payments made by them, including the costs of delivering the Product (except for additional costs resulting from the method of delivery chosen by the consumer other than the cheapest ordinary delivery method available in the Online Store). The Seller makes the refund using the same payment method used by the consumer unless the consumer has expressly agreed to a different refund method that does not incur any costs for them. If the Seller has not offered to collect the Product from the consumer, they may withhold the refund of payments received from the consumer until they receive the Product back or the consumer provides proof of its return, depending on which event occurs first.

8.7. The consumer is obliged to promptly, no later than within 14 calendar days from the date on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send the Product back before its expiry.

8.8. The consumer is responsible for the reduction in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the Product.

8.9. Possible costs related to the consumer's withdrawal from the contract that the consumer is obliged to bear: 8.9.1. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary delivery method available in the Online Store, the Seller is not obliged to refund the additional costs incurred by the consumer. 8.9.2. The consumer bears the direct costs of returning the Product. 8.9.3. In the case of a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services provided until the withdrawal from the contract. The amount of payment is calculated proportionally to the extent of the service provided, taking into account the agreed price or remuneration. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service provided.

8.10. The right to withdraw from a distance contract does not apply to the consumer, among others, in relation to contracts: 8.10.1. (1) for the provision of services for which the consumer is obliged to pay the price, if the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the contract, and acknowledged this; (2) in which the price or remuneration depends on fluctuations in the financial market that the Seller does not control and which may occur before the expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product that deteriorates rapidly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package that cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products that, after delivery, due to their nature, become inseparably connected with other items; (7) for the delivery of digital content not supplied on a tangible medium, for which the consumer is obliged to pay the price, if the Seller has begun the service with the express and prior consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the contract, and acknowledged this, and the Seller provided the consumer with the confirmation referred to in Article 15(1) and (2) or Article 21(1) of the Consumer Rights Act.

8.11. The provisions contained in this point 8 of the Regulations regarding the consumer apply from January 1, 2021, and for contracts concluded from that date also to the Service User or Customer who is a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity.

9. PROVISIONS CONCERNING ENTREPRENEURS

9.1. This point 9 of the Regulations and all provisions contained therein are addressed exclusively to the Customer or Service User who is not a consumer. Moreover, from January 1, 2021, and for contracts concluded from that date, this point of the Regulations and all provisions contained therein do not apply and are not binding on the Customer or Service User who is a natural person concluding a contract directly related to their business activity, when it follows from the content of this contract that it does not have a professional nature for this person, resulting in particular from the subject of their business activity, made available based on the provisions on the Central Register and Information on Economic Activity, unless the application of the provisions contained in this point of the Regulations to these persons is not prohibited.

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may occur without giving any reason and does not give rise to any claims by the Customer against the Seller.

9.3. The Seller's liability under the warranty for the Product or non-compliance of the Product with the Sales Agreement is excluded.

9.4. The Seller will respond to the complaint within 30 calendar days from the date of its receipt.

9.5. The Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.

9.6. The Service Provider may terminate the agreement for the provision of the Electronic Service with immediate effect and without giving reasons by sending the Service User an appropriate statement.

9.7. The Service Provider's/Seller's liability towards the Service User/Customer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the paid price and delivery costs under the Sales Agreement, but not more than one thousand PLN. The monetary limitation referred to in the previous sentence applies to all claims directed by the Service User/Customer towards the Service Provider/Seller, including in the case of non-conclusion of the Sales Agreement or unrelated to the Sales Agreement. The Service Provider/Seller is liable to the Service User/Customer only for typical foreseeable damages at the time of concluding the contract and is not liable for lost profits. The Seller is also not liable for delays in the shipment.

9.8. Any disputes arising between the Seller/Service Provider and the Customer/Service User will be submitted to the court competent for the seat of the Seller/Service Provider. 

10. PRODUCT REVIEWS

10.1. The Seller allows its Customers access to reviews of Products and the Online Store under the terms specified in this point of the Regulations.

10.2. The Seller does not enable Customers to post reviews of Products via the Online Store. Reviews can be expressed outside the Online Store, e.g., in individual communication with the Seller, on their profiles or pages on social media, or on external review aggregating services, in accordance with the regulations and conditions applicable in those places.

10.3. Reviews mentioned in point 10.2 of the Regulations may be made available directly on the Online Store's website, e.g., next to a given Product, on a separate subpage dedicated to Customers, or in the form of a referral (e.g., via an external widget) directing to a review collecting service with which the Seller cooperates. The Seller emphasizes that they do not verify or have the ability to verify whether the reviews provided by them actually come from Customers who have used the Online Store or purchased their Products. This means that the reviews displayed on the website may come from actual Customers who have used the Online Store and purchased the reviewed Product, as well as from individuals who are not Customers of the Online Store.

10.4. The Seller indicates that reviews and recommendations resulting from paid cooperation between the Seller and the reviewer (e.g., influencer, blogger) may also be displayed on the Online Store's website – such materials are additionally marked as "Sponsored Review" or in another equivalent manner.

10.5. The Seller does not post or commission others to post false reviews or recommendations from Customers and does not distort Customer reviews or recommendations to promote their Products.

10.6. Any comments, appeals, or objections regarding the displayed reviews can be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Regulations. 

11. ILLEGAL CONTENT AND OTHER CONTENT INCONSISTENT WITH THE REGULATIONS

11.1. This point of the Regulations contains provisions resulting from the Digital Services Act concerning the Online Store and the Service Provider. The Service User is generally not required to provide content when using the Online Store unless the Regulations require specific data (e.g., data for placing an Order). The Service User may have the opportunity to provide data in the Online Store using the tools provided for this purpose by the Service Provider. In any case of providing content by the Service User, they are obliged to comply with the rules contained in the Regulations.

11.2. CONTACT POINT – The Service Provider designates the email address hello@matchin.store as a single contact point. The contact point enables direct communication between the Service Provider and the authorities of the member states, the European Commission, and the Digital Services Board, and simultaneously allows service recipients (including Service Users) direct, quick, and friendly communication with the Service Provider electronically, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.

11.3. Procedure for reporting Illegal Content and actions in accordance with Article 16 of the Digital Services Act:

11.3.1. Any person or entity may report to the Service Provider the presence of specific information that they consider to be Illegal Content by sending an email to hello@matchin.store.

11.3.2. The report should be sufficiently precise and appropriately justified. For this purpose, the Service Provider facilitates and encourages making reports to the above email address containing all the following elements: (1) a sufficiently justified explanation of the reasons why the person or entity alleges that the reported information constitutes Illegal Content; (2) clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the Illegal Content, depending on the type of content and the specific type of service; (3) the name and email address of the person or entity making the report, except for reports concerning information considered related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU; and (4) a statement confirming the good faith belief of the person or entity making the report that the information and allegations contained therein are accurate and complete.

11.3.3. The report referred to above is considered to provide actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act concerning the information it relates to if it enables the Service Provider, acting with due diligence, to determine – without detailed legal analysis – the illegal nature of the given activity or information.

11.3.4. If the report contains the electronic contact details of the person or entity that made the report, the Service Provider promptly sends such person or entity a confirmation of receipt of the report. The Service Provider also promptly notifies such person or entity of its decision regarding the information to which the report relates, providing information on the possibility of appealing the decision.

11.3.5. The Service Provider reviews all reports received under the mechanism mentioned above and makes decisions regarding the information to which the reports relate in a timely, non-arbitrary, and objective manner and with due diligence. If the Service Provider uses automated means for such review or decision-making, it includes information about this in the notification referred to in the previous point.

11.4. Information on restrictions imposed by the Service Provider in connection with the use of the Online Store concerning information provided by Service Users:

11.4.1. The Service User is subject to the following rules when providing any content within the Online Store:

11.4.1.1. Obligation to use the Online Store, including posting content (e.g., within Orders) in accordance with its intended purpose, these Regulations, and in a manner consistent with the law and good practices, respecting personal rights and copyrights and intellectual property of the Service Provider and third parties;

11.4.1.2. Obligation to provide content consistent with the actual state and in a non-misleading manner;

11.4.1.3. Prohibition of providing unlawful content, including the prohibition of providing Illegal Content;

11.4.1.4. Prohibition of sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. Prohibition of providing content that violates generally accepted netiquette rules, including content that is vulgar or offensive;

11.4.1.6. Obligation to have – where necessary – all required rights and permissions to provide such content on the Online Store's pages, in particular copyrights or required licenses, permits, and consents for their use, dissemination, sharing, or publication, especially the right to publish and disseminate in the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties;

11.4.1.7. Obligation to use the Online Store in a manner that does not pose a threat to the security of the Service Provider's ICT system, the Online Store, or third parties.

11.4.2. The Service Provider reserves the right to moderate content provided by Service Users on the Online Store's website. Moderation is carried out in good faith and with due diligence, either on the Service Provider's initiative or upon receipt of a report, to detect, identify, and remove Illegal Content or other content inconsistent with the Regulations or to prevent access to it or take necessary measures to comply with EU and national law consistent with EU law, including the requirements set out in the Digital Services Act, or the requirements contained in the Regulations.

11.4.3. The moderation process may be carried out manually by a human or based on automated or semi-automated tools that help the Service Provider identify Illegal Content or other content inconsistent with the Regulations. After identifying such content, the Service Provider decides whether to remove or block access to the content or otherwise limit its visibility or take other actions deemed necessary (e.g., contacting the Service User to clarify concerns and change the content). The Service Provider will clearly and understandably inform the Service User who provided the content (if their contact details are available) of its decision, the reasons for it, and the available options for appealing the decision. 

11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act with due diligence, objectively and proportionately, and with due regard for the rights and legitimate interests of all parties involved, including service recipients, particularly considering the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

11.5. Any comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or the Service Provider's decision made in accordance with the provisions of these Regulations may be submitted in a manner analogous to the complaint procedure indicated in point 6 of the Regulations. Using this procedure is free of charge and allows for the submission of complaints electronically to the provided email address. Using the complaint reporting and handling procedure does not affect the right of the person or entity to initiate court proceedings and does not infringe on their other rights.

11.6. The Service Provider reviews all comments, complaints, appeals, or objections regarding decisions or other actions or inactions taken by the Service Provider based on a received report or decision made in a timely, non-discriminatory, objective, and non-arbitrary manner. If the complaint or other report provides sufficient reasons for the Service Provider to consider that its decision not to take action in response to the report is unjustified or that the information to which the complaint relates is not illegal and inconsistent with the Regulations, or contains information indicating that the complainant's action does not justify the measure taken, the Service Provider promptly revokes or changes its decision regarding the possible removal or blocking of access to the content or otherwise limiting its visibility or takes other actions deemed necessary.

11.7. Service Users, persons, or entities who have reported Illegal Content, to whom the Service Provider's decisions regarding Illegal Content or content inconsistent with the Regulations are directed, have the right to choose any out-of-court dispute resolution body certified by the digital services coordinator of the member state to resolve disputes concerning these decisions, including complaints that have not been resolved within the Service Provider's internal complaint handling system. 

12. FINAL PROVISIONS

12.1. Agreements concluded through the Online Store are made in Polish and Eglish.

12.2. Amendment of the Regulations: 12.2.1. The Service Provider reserves the right to amend these Regulations for important reasons, such as: changes in legal provisions; changes in payment or delivery methods or terms, compliance with legal or regulatory obligations; changes in the scope or form of provided Electronic Services; addition of new Electronic Services; the need to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Users/Customers from fraud, malware, spam, data breaches, or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Regulations. 12.2.2. Notification of proposed changes is sent at least 15 days before the changes take effect, except that the change may be introduced without the 15-day notice period if the Service Provider: (1) is subject to a legal or regulatory obligation that requires changing the Regulations in a manner that prevents compliance with the 15-day notice period; or (2) must exceptionally amend its Regulations to counter unforeseen and direct threats related to the protection of the Online Store, including Electronic Services and Service Users/Customers from fraud, malware, spam, data breaches, or other cybersecurity threats. In the latter two cases mentioned in the previous sentence, the changes take effect immediately, unless a longer implementation period is possible or necessary, which the Service Provider will notify each time. 12.2.3. In the case of continuous agreements (e.g., provision of the Electronic Service – Newsletter), the Service User has the right to terminate the agreement with the Service Provider before the end of the notification period for proposed changes. Such termination becomes effective 15 days from the date of receipt of the notification. In the case of continuous agreements, the amended Regulations bind the Service User if they were properly notified of the changes, in accordance with the notification period before their implementation, and did not terminate the agreement during this period. Additionally, at any time after receiving the notification of changes, the Service User may accept the changes and thereby waive the remaining notification period. In the case of agreements other than continuous agreements, changes to the Regulations will not in any way affect the acquired rights of the Service User before the effective date of the changes to the Regulations, in particular, changes to the Regulations will not affect already placed or submitted Orders and concluded, executed, or performed Sales Agreements. 12.2.4. If the amendment to the Regulations results in the introduction of any new fees or an increase in current fees, the consumer has the right to withdraw from the agreement.

12.3. In matters not regulated by these Regulations, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (consolidated text: Journal of Laws of 2020, item 344, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.

12.4. These Regulations do not exclude the provisions in force in the country of the consumer's habitual residence who concludes an agreement with the Service Provider/Seller, which cannot be excluded by agreement. The Service Provider/Seller guarantees the consumer protection granted to them based on provisions that cannot be excluded by agreement. 

13. TEMPLATE WITHDRAWAL FORM (ANNEX NUMBER 2 TO THE CONSUMER RIGHTS ACT)

Template withdrawal form (this form should be completed and returned only if you wish to withdraw from the contract)

– Addressee:

MATCHIN' WIKTORIA BREŚ ul. Bohaterów Kragujewca 6/43, 85-863 Bydgoszcz matchin.store hello@matchin.store

– I/We() hereby inform you() of my/our() withdrawal from the sales contract for the following goods() delivery contract for the following goods() contract for the following goods()/for the provision of the following service(*)

– Date of contract()/receipt()

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only if this form is submitted in paper version)

– Date

(*) Delete as appropriate.