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ONLINE STORE REGULATIONS

This Regulations defines the general conditions, rules, and manner of sale conducted by elementOFF Sp. z o.o. with its registered office in Wrocław via the online store www.elementoff.com (hereinafter referred to as the "Online Store") and specifies the principles and conditions of providing free-of-charge services electronically by elementOFF S based in Wrocław.

§ 1 Definitions

1. Working Days - means weekdays from Monday to Friday, excluding public holidays.

2. Delivery - means the actual act of delivering the Goods specified in the order to the Customer by the Seller, via a Delivery Service.

3. Delivery Service - means the courier company with which the Seller cooperates regarding the Delivery of Goods.

4. Password - means a sequence of alphabetical, numerical, or other characters chosen by the Customer during Registration in the Online Store, used to secure access to the Customer's Account in the Online Store.

5. Customer - means an entity for which, according to the Regulations and legal provisions, electronic services may be provided, or with whom a Sales Agreement may be concluded.

6. Consumer - means a natural person carrying out a legal act with an entrepreneur not directly related to their business or professional activity.

7. Customer Account - means an individual panel for each Customer, activated on their behalf by the Seller, after the Customer's Registration and the conclusion of an agreement to manage the Customer Account.

8. Login - means the individual identification of the Customer, set by them, consisting of a sequence of alphabetical, numerical, or other characters, required along with the Password to create a Customer Account in the Online Store. The Login is the Customer's proper email address.

9. Entrepreneur - means a natural person, legal person, or organizational unit without legal personality, to whom the law grants legal capacity, conducting business or professional activity in their own name and performing a legal act directly related to their business or professional activity.

10. Entrepreneur with Consumer Rights - means a natural person concluding a Sales Agreement directly related to their business activity when the content of the Sales Agreement shows that it does not have a professional nature for this Entrepreneur, arising in particular from the subject of the Entrepreneur's business activity made available based on the provisions on the Central Register and Information on Economic Activity.

11. Regulations - means these regulations.

12. Registration - means a factual action performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.

13. Seller - means elementOFF Sp. z o.o. conducting business under the name elementOFF Sp. z o.o. with its registered office in Wrocław (53-236), ul. Grabiszyńska 309/41, NIP: 8943223344, REGON: 52691856400000, registered in the Central Register and Information on Economic Activity maintained by the Minister of Development and Technology; email: elementoff@elementoff.com , simultaneously the owner of the Online Store.

14. Online Store Website - means the websites under which the Seller operates the Online Store, operating under the domain www.elementoff.com  

15. Goods - means a product presented by the Seller through the Online Store Website, which may be the subject of a Sales Agreement.

16. Durability - the ability of the Goods to maintain its function and properties during regular use.

17. Durable Medium - means a material or tool allowing the Customer or Seller to store information directed personally to them in a way that enables access to information in the future for a time appropriate to the purposes for which the information serves, and allows the reproduction of stored information in an unchanged form.

18. Sales Agreement - means a distance sales agreement concluded under the terms specified in the Regulations between the Customer and the Seller.

§ 2 General Provisions and Use of the Online Store

1. All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, domain, Online Store Website, as well as patterns, forms, logos posted on the Online Store Website (excluding logos and photos presented on the Online Store Website for the purpose of presenting goods, for which copyright belongs to third parties) belong to the Seller, and their use may only occur in a manner defined and in accordance with the Regulations and with the Seller's written consent.

2. The Seller shall endeavor to ensure that the use of the Online Store is possible for Internet users using all popular web browsers, operating systems, types of devices, and types of internet connections. The minimum technical requirements enabling the use of the Online Store Website include an internet browser version of at least Microsoft Edge 109 or Internet Explorer 11 or Chrome 110 or FireFox 109 or Opera 95 or Safari 11 or newer, with JavaScript enabled, accepting "cookies" files, and an internet connection with a bandwidth of at least 256 kbit/s. The Online Store Website is optimized for a minimum screen resolution of 1024x768 pixels.

3. The Seller uses the "cookies" mechanism, which, when Customers use the Online Store Website, are stored by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is intended to ensure the correct operation of the Online Store Website on Customers' end devices. This mechanism does not damage the Customer's end device or cause configuration changes in the Customer's end devices or software installed on these devices. Each Customer can disable the "cookies" mechanism in the internet browser of their end device. The Seller points out that disabling "cookies" may, however, make it difficult or impossible to use the Online Store Website.

4. In order to place an order in the Online Store through the Online Store Website and to use services provided electronically through the Online Store Website, it is necessary for the Customer to have an active email account.

5. It is prohibited for the Customer to provide unlawful content and to use the Online Store, Online Store Website, or free-of-charge services provided by the Seller in a manner contrary to the law, good practices, or violating the personal rights of third parties.

6. The Seller declares that the public nature of the internet and the use of services provided electronically may be associated with the risk of unauthorized access to and modification of Customers' data; therefore, Customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use antivirus programs and those protecting the identity of internet users. The Seller never asks the Customer to provide their Password in any form.

§ 3 Registration

1. In order to create a Customer Account, the Customer is obliged to undergo free Registration.

2. Registration is not necessary to place an order in the Online Store.

3. To Register, the Customer should complete a registration form made available by the Seller on the Online Store Website and send the completed registration form electronically to the Seller by choosing the appropriate function in the registration form. During Registration, the Customer sets an individual Password.

4. While filling out the registration form, the Customer has the option to familiarize themselves with the Regulations, accepting its content by marking the appropriate field in the form.

5. After sending the completed registration form, the Customer immediately receives, electronically to the email address provided in the registration form, confirmation of Registration by the Seller. With this moment, an agreement for the provision of the Customer Account Management service is concluded electronically, and the Customer gains access to the Customer Account and the ability to make changes to the data provided during Registration.

§ 4 Orders

1. The information contained on the Online Store Website does not constitute an offer of the Seller within the meaning of the Civil Code but is only an invitation for Customers to submit offers to conclude a Sales Agreement.

2. The Customer can place orders in the Online Store through the Online Store Website 7 days a week, 24 hours a day.

3. The Customer placing an order through the Online Store Website compiles the order by selecting the Goods they are interested in. Adding Goods to the order is done by choosing the "ADD TO CART" command under the given Goods presented on the Online Store Website. After completing the entire order and indicating the Delivery method and payment form in the "CART," the Customer places the order by sending the order form to the Seller by choosing the "PLACE AN ORDER WITH AN OBLIGATION TO PAY" button on the Online Store Website. Before sending the order to the Seller, the Customer is informed of the total price for the selected Goods and Delivery, as well as all additional costs that they are obliged to bear in connection with the Sales Agreement.

4. Placing an order constitutes the submission of an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.

5. After placing the order, the Seller sends confirmation of its submission to the email address provided by the Customer.

6. Subsequently, after confirming the order submission, the Seller sends information about accepting the order for execution to the email address provided by the Customer. The information about accepting the order for execution is a statement by the Seller of accepting the offer referred to in §4 para. 4 above, and upon its receipt by the Customer, a Sales Agreement is concluded.

7. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's email address or in writing to the address specified by the Customer during Registration or placing the order.

§ 5 Payments

1. The prices on the Online Store Website posted for a given Product constitute gross prices and do not include information regarding Delivery costs and any other costs that the Customer will be obliged to bear in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.

2. The Customer can choose the following payment methods for the ordered Goods: payment card, bank transfer, or BLIK via the external payment system Autopay.pl, operated by Autopay S.A. with its registered office in Sopot (in this case, the order processing will begin after the Seller sends the Customer confirmation of order acceptance and after the funds are received in the Seller's bank account upon receipt of information from the Autopay.pl system about the successful completion of the payment).

3. The Seller informs the Customer on the Online Store Website each time about the deadline by which the Customer is obliged to make payment for the order in the amount resulting from the concluded Sales Agreement.

4. In the event of the Customer's failure to make payment within the period specified in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer thereof on a Durable Medium. Information about the additional payment deadline also includes information that after the unsuccessful expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer a statement of withdrawal from the agreement based on Article 491 of the Civil Code on a Durable Medium.

§ 6 Delivery

1. The Seller carries out Delivery within the territory of the Republic of Poland.

2. The Seller is obliged to deliver the Goods in accordance with the Sales Agreement.

3. The Seller provides information on the number of Business Days needed for Delivery and order fulfillment on the Online Store Website.

4. The Delivery and order fulfillment period indicated on the Online Store Website is calculated in Business Days in accordance with §5 para. 2 of the Regulations.

5. The ordered Goods are delivered to the Customer via Paczkomaty according to the address provided in the order form.

6. On the day of sending the Goods to the Customer, a confirmation email is sent to the Customer's email address, confirming the shipment by the Seller.

7. The Seller sends the VAT invoice for the delivered Goods in the form of an electronic PDF file to the Customer's email address provided in the registration form. To open the file, the Customer should have free software compatible with the PDF format. For this purpose, the Seller recommends Adobe Acrobat Reader, which can be downloaded for free at http://www.adobe.com

8. In case the Customer does not pick up the package at the indicated address provided by them as the Delivery address when placing the order, the Delivery service staff will attempt to contact the Customer by phone to determine a suitable time for delivery. In case of the returned delivery of the ordered Goods to the Online Store by the Delivery service, the Seller will contact the Customer via electronic means or by phone, arranging a new delivery time and cost with the Customer.

§ 7 Warranty for Entrepreneurs

1. The Seller excludes their liability under the warranty towards Entrepreneurs.

2. The Seller ensures the Delivery of Goods free from defects. The Seller is liable to the Entrepreneur if the Goods have a defect.

3. If the Goods have a defect, the Entrepreneur may:

• submit a statement on price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without undue inconvenience to the Entrepreneur exchanges the defective Goods for those free from defects or removes the defect.

This limitation does not apply if the Goods have already been replaced or repaired by the Seller, or if the Seller fails to fulfill the obligation to exchange the Goods for those free from defects or remove the defects. Instead of the proposed defect removal by the Seller, the Entrepreneur may demand the replacement of the Goods with those free from defects, or instead of the replacement of the Goods, they may demand the removal of the defect, unless bringing the item into conformity with the agreement in a manner chosen by the Entrepreneur is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing the excessive costs, the value of the defect-free Goods, the type and significance of the defect found, as well as the inconveniences to which another satisfaction method would expose the Entrepreneur, shall be taken into account.

• demand the replacement of the defective Goods with those free from defects or the removal of the defect. The Seller is obliged to replace the defective Goods with those free from defects or remove the defect within a reasonable time without undue inconvenience to the Entrepreneur.

The Seller may refuse to comply with the Entrepreneur's request if bringing the defective Goods into conformity with the Sales Agreement in a manner chosen by the Entrepreneur is impossible or compared to the second possible method of bringing the Goods into conformity with the Sales Agreement would require excessive costs. The costs of repair or replacement are borne by the Seller.

4. A Customer exercising warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer being a Consumer, the cost of delivery is covered by the Seller.

5. The Seller is liable under the warranty if a physical defect is found before the expiration of two years from the issuance of the Goods to the Entrepreneur. The claim for defect removal or replacement of the Goods with those free from defects expires after a year, but this period cannot end before the expiry of the period specified in the first sentence. Within this period, the Entrepreneur may withdraw from the Sales Agreement or submit a statement on price reduction due to the Goods' defect. If the Entrepreneur demanded the replacement of the Goods with those free from defects or the removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a statement on price reduction begins upon the ineffective expiry of the period for replacing the Goods or removing the defect.

§ 8 Complaints

1. Any complaints related to the Goods or the performance of the Sales Agreement, the Entrepreneur may submit in writing to the Seller's address.

2. The Seller shall respond to the complaint regarding the Goods or the complaint related to the performance of the Sales Agreement submitted by the Entrepreneur within 14 days from the date of the request containing the complaint.

3. The Customer may submit a complaint to the Seller regarding the use of free electronic services provided by the Seller. The complaint can be submitted electronically and sent to the address elementoff@elementoff.com. In the complaint notification, the Entrepreneur should include a description of the problem that occurred. The Seller promptly, but no later than within 14 days, considers the complaints and provides a response to the Entrepreneur.

§ 9 Non-Conformity of Goods with the Contract

1. The Goods are considered to be in conformity with the contract if, in particular, the following features remain consistent with the agreement:

• Description, type, quantity, quality, completeness, and functionality, and in the case of goods with digital elements – also compatibility, interoperability, and availability of updates.
• Suitability for a particular purpose required by the Consumer or Entrepreneur, notified to the Seller no later than at the time of the contract's conclusion, and accepted by the Seller.

2. Moreover, for the Goods to be considered in conformity with the contract, they must:

• Be suitable for the purposes for which such Goods are typically used, considering the applicable legal regulations, technical standards, or good practices.
• Be of such quantity and possess such characteristics, including durability and safety, and in the case of Goods with digital elements – also functionality and compatibility, as are typical for Goods of this type and which the Consumer or Entrepreneur with consumer rights may reasonably expect, taking into account the nature of the Goods and public assurances made by the Seller, their legal predecessors, or persons acting on their behalf, particularly in advertisements or labels, unless the Seller proves that:
  a. They were not aware of the specific public assurance and, reasonably assessing, could not have been aware of it;
  b. Before the conclusion of the contract, the public assurance was corrected in compliance with the conditions and form in which the public assurance was made, or in a comparable manner;
  c. The public assurance did not influence the Consumer or Entrepreneur with consumer rights in their decision to conclude the contract.
• Be delivered with packaging, accessories, and instructions that the Consumer or Entrepreneur with consumer rights may reasonably expect to be provided.
• Be of the same quality as the sample or model provided by the Seller to the Consumer or Entrepreneur with consumer rights before the contract was concluded and correspond to the description of such a sample or model.

3. The Seller is not responsible for the lack of conformity of the Goods with the contract in the scope specified in §9 clause 2 if the Consumer or Entrepreneur with consumer rights, at the latest at the time of concluding the contract, was explicitly informed that a specific characteristic of the Goods deviates from the requirements of conformity with the contract specified in §9 clause 2 and clearly and separately accepted the lack of a specific characteristic of the Goods.

4. The Seller is liable for the lack of conformity of the Goods with the contract resulting from improper installation of the Goods if:

• It was carried out by the Seller or under their responsibility;
• The improper installation carried out by the Consumer or Entrepreneur with consumer rights resulted from errors in the instruction provided by the entrepreneur or a third party.

5. The Seller is responsible for the lack of conformity of the Goods with the contract existing at the time of its delivery and revealed within two years from that moment, unless the period of usefulness of the Goods, specified by the Seller, their legal predecessors, or persons acting on their behalf, is longer. It is presumed that the lack of conformity of the Goods with the contract that revealed itself before the expiry of two years from the delivery of the Goods existed at the time of its delivery unless proven otherwise or unless this presumption conflicts with the specificity of the Goods or the nature of the lack of conformity of the Goods with the contract.

6. The Seller cannot invoke the expiry of the period for determining the lack of conformity of the Goods with the contract specified in §9 clause 5 if they deceitfully concealed this lack.

7. If the Goods are non-conforming with the contract, the Consumer or Entrepreneur with consumer rights may demand its repair or replacement.

8. The Seller may perform a replacement when the Consumer or Entrepreneur with consumer rights requests repair, or the Seller may perform repair when the Consumer or Entrepreneur with consumer rights requests replacement if bringing the Goods into conformity with the contract in a manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would entail excessive costs for the Seller. If repair and replacement are impossible or would entail excessive costs for the Seller, they may refuse to bring the Goods into conformity with the contract.

9. When assessing the excessive costs for the Seller, all circumstances of the case are taken into account, especially the significance of the lack of conformity of the Goods with the contract, the value of the Goods conforming to the contract, and excessive inconveniences for the Consumer or Entrepreneur with consumer rights resulting from changing the method of bringing the Goods into conformity with the contract.

10. The Seller carries out repairs or replacements within a reasonable time from the moment when the Seller was informed by the Consumer or Entrepreneur with consumer rights about the lack of conformity with the contract, and without excessive inconvenience to the Consumer or Entrepreneur with consumer rights, considering the specific nature of the Goods and the purpose for which the Consumer or Entrepreneur with consumer rights purchased it. The costs of repair or replacement, especially postage, transport, labor, and materials costs, are borne by the Seller.

11. The Consumer or Entrepreneur with consumer rights provides the Goods subject to repair or replacement to the Seller. The Seller picks up the Goods from the Consumer or Entrepreneur with consumer rights at their expense.

12. If the Goods were installed before the lack of conformity with the contract was revealed, the Seller disassembles the Goods and reassembles them after repair or replacement, or commissions these actions at their expense.

13. The Consumer or Entrepreneur with consumer rights is not obliged to pay for the normal use of the Goods that have been subsequently replaced.

14. If the Goods are non-conforming with the contract, the Consumer or Entrepreneur with consumer rights may declare a price reduction or withdrawal from the contract when:

• The Seller refused to bring the Goods into conformity with the contract according to §9 clause 8 above;
• The Seller did not bring the Goods into conformity with the contract according to §9 clause 10 to §9 clause 12 above;
• The lack of conformity of the Goods with the contract continues even though the Seller tried to bring the Goods into conformity with the contract;
• The lack of conformity of the Goods with the contract is so significant that it justifies a price reduction or withdrawal from the contract without prior use of the protective measures specified from §9 clause 7 to §9 clause 12 above;
• From the Seller's statement or circumstances, it clearly follows that they will not bring the Goods into conformity with the contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with consumer rights.

15. The Seller is obliged to respond to the consumer's complaint within 14 days from the date of its receipt.

16. The Seller refunds to the Consumer or Entrepreneur with consumer rights the amounts due as a result of using the right to reduce the price immediately, no later than within 14 days from the date of receiving the Consumer or Entrepreneur with consumer rights' statement about reducing the price.

17. The Consumer or Entrepreneur with consumer rights cannot withdraw from the contract if the lack of conformity of the Goods with the contract is insignificant. It is presumed that the lack of conformity of the Goods with the contract is significant.

18. If the lack of conformity with the contract concerns only some of the Goods delivered under the contract, the Consumer or Entrepreneur with consumer rights may withdraw from the contract only regarding those Goods and also regarding other Goods acquired by the Consumer or Entrepreneur with consumer rights together with the Goods that are non-conforming with the contract if it cannot be reasonably expected for the Consumer or Entrepreneur with consumer rights to agree to keep only the Goods conforming with the contract.

19. In the event of withdrawal from the contract, the Consumer or Entrepreneur with consumer rights immediately returns the Goods to the Seller at their expense. The Seller refunds the price to the Consumer or Entrepreneur with consumer rights immediately, no later than within 14 days from the date of receiving the Goods or evidence of their return.

20. The Seller refunds the price using the same payment method that the Consumer or Entrepreneur with consumer rights used unless the Consumer or Entrepreneur with consumer rights expressly agreed to a different method of refund that does not entail any costs for them.

21. The Seller does not use out-of-court dispute resolution procedures as referred to in the Act of September 23, 2016, on out-of-court resolution of consumer disputes.

§ 10 Withdrawal from the Sales Agreement

1. The right of withdrawal from the sales agreement does not apply to the Consumer or Entrepreneur with consumer rights concerning agreements where the subject of the agreement is a non-prefabricated item manufactured according to the Consumer's or Entrepreneur's specifications, or serving to satisfy their individualized needs.

§ 11 Free Services

1. The Seller provides free services to Customers electronically:

• Contact form;
• Newsletter;
• Managing the Customer Account.

2. The services mentioned in §11 clause 1 above are provided 7 days a week, 24 hours a day.

3. The Seller reserves the right to choose and change the type, form, time, and method of providing access to selected listed services, informing Customers appropriately about changes to the Regulations.

4. The Contact Form service involves sending a message to the Seller using the form on the Store's Website.

5. Resignation from the free Contact Form service is possible at any time by ceasing to send inquiries to the Seller.

6. Any Customer can use the Newsletter service by entering their email address using the registration form provided by the Seller on the Store's Website. After submitting the completed registration form, the Customer promptly receives an electronic link at the email address provided in the registration form for confirming subscription to the Newsletter. Upon the Customer's activation of the link, an agreement for providing the Newsletter service electronically is concluded.

7. The Newsletter service entails the Seller sending electronic messages to the email address containing information about new products or services in the Seller's offer. The Newsletter is sent by the Seller to all Customers who have subscribed.

8. Each Newsletter sent to specific Customers includes, in particular, information about the sender, a filled-in "subject" field specifying the content of the shipment, and information about the possibility and method of resigning from the free Newsletter service.

9. The Customer can unsubscribe from receiving the Newsletter at any time by unsubscribing via the link provided in each electronic message sent as part of the Newsletter service.

10. The Customer Account service is available after registering on the terms described in the Regulations and involves providing the Customer with a dedicated panel within the Store's Website. It allows the Customer to modify the data provided during registration, track the status of orders, and view the history of already completed orders.

11. A Customer who has registered can request the Seller to delete the Customer Account. If the Seller receives a request to delete the Customer Account, it may be deleted within 14 days from the request.

12. The Seller is entitled to block access to the Customer Account and free services in the event of the Customer's actions detrimental to the Seller or other Customers, violation by the Customer of legal regulations or provisions of the Regulations, and when blocking access to the Customer Account and free services is justified for security reasons, particularly for breaching the security of the Store's Website or other hacking activities. Blocking access to the Customer Account and free services for the mentioned reasons lasts for the period necessary to resolve the issue that constitutes the basis for blocking access to the Customer Account and free services. The Seller notifies the Customer of the blocked access to the Customer Account and free services electronically at the address provided by the Customer in the registration form.

§ 12 Personal Data Protection

1. The principles of personal data protection are included in the Privacy Policy.

§ 13 Termination of the Agreement (does not apply to Sales Agreements)

1. Both the Customer and the Seller can terminate the agreement for the provision of electronic services at any time and without giving reasons, subject to the preservation of rights acquired by the other party before the termination of the aforementioned agreement and the provisions below.

2. A Customer who has registered terminates the agreement for the provision of electronic services by sending the Seller a relevant declaration of will using any means of distance communication enabling the Seller to become acquainted with the Customer's declaration of will.

3. The Seller terminates the agreement for the provision of electronic services by sending the Customer a relevant declaration of will to the email address provided by the Customer during Registration.

§ 14 Final Provisions

1. The Seller is liable for non-performance or improper performance of the agreement. However, in the case of agreements concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of deliberate harm and within the limits of the actual losses incurred by the Entrepreneur Customer.

2. The content of this Regulation may be fixed by printing, saving to a medium, or downloading at any time from the Store's Website.

3. In the event of a dispute arising from the concluded Sales Agreement, the parties will seek to settle the matter amicably. The applicable law for resolving any disputes arising from this Regulation is Polish law.

4. The Seller informs the Consumer Customer about the possibility of using out-of-court complaint resolution methods and claims enforcement. The rules for accessing these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These may include consumer rights advocates or Voivodeship Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection. The Seller informs that the online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr/.

5. The Seller reserves the right to change this Regulation. All orders accepted by the Seller for execution before the entry into force of the new Regulation are processed based on the Regulation that was in force on the day the Customer placed the order. The change in the Regulation comes into force within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the new Regulation comes into force about the change in the Regulation by sending an electronic message containing a link to the amended Regulation text. If the Customer does not accept the new content of the Regulation, they are required to notify the Seller of this fact, which results in the termination of the agreement in accordance with the provisions of §13 of the Regulation.

6. The Regulation enters into force on December 15, 2023.

PRIVACY POLICY

1. This Privacy Policy defines the rules for processing personal data obtained through the online store www.elementoff.com (hereinafter referred to as the "Online Store").

2. The owner of the Store and simultaneously the data administrator is elementOFF Sp. z o.o. conducting business under the name elementOFF Sp. z o.o. with its registered office in Wrocław (53-236), ul. Grabiszyńska 309/41, entered into the Central Register and Information on Economic Activity maintained by the Minister of Development and Technology, NIP: 8943223344, REGON: 52691856400000, hereinafter referred to as ELEMENTOFF.

3. Personal data collected by ELEMENTOFF through the Online Store are processed in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of individuals concerning the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), also referred to as GDPR.

4. ELEMENTOFF takes special care to respect the privacy of Customers visiting the Online Store.

§ 1 Type of Processed Data, Purposes, and Legal Basis

1. ELEMENTOFF gathers information regarding individuals undertaking legal actions not directly related to their business activities, individuals conducting business or professional activities on their own behalf, and individuals representing legal entities or organizational units that are not legal entities, which are collectively referred to as Customers.

2. Personal data of Customers are collected in the following instances:
a) Registration of an account in the Online Store, for the purpose of creating an individual account and managing it. Legal basis: necessity for the performance of the Account service contract (Article 6(1)(b) of the GDPR).
b) Placing an order in the Online Store, for the purpose of executing a sales contract. Legal basis: necessity for the performance of the sales contract (Article 6(1)(b) of the GDPR).
c) Using the contact form service in the Online Store to fulfill an electronically provided service contract. Legal basis: necessity for the performance of the contact form service contract (Article 6(1)(b) of the GDPR).
d) Subscribing to the informational newsletter (Newsletter), for the purpose of fulfilling a service contract provided electronically. Legal basis: consent of the data subject for the performance of the Newsletter service contract (Article 6(1)(a) of the GDPR).

3. In the case of account registration in the Online Store, the Customer provides:

1. Email address
2. Address details:

• Postal code and city
• Street address including house/apartment number

3. First name and last name
4. Phone number

4. The Customer independently sets an individual access password for their account during the registration. They can change the password at a later time following the guidelines described in §5.

5. When placing an order in the Online Store, the Customer provides the following information:

1. Email address
2. Address details:

• Postal code and city
• Street address including house/apartment number

3. First name and last name
4. Phone number
5. Tax identification number (NIP)

6. For using the contact form service, the Customer provides:

1. Email address
2. First name and last name
3. Phone number

7. If the Customer uses the Newsletter service, they only provide their email address.

8. Additional information may be collected when using the Online Store's website, including the assigned IP address of the Customer's computer or the external IP address provided by the Internet service provider, domain name, browser type, access time, and operating system type.

9. Customers' navigational data, such as information about the links they choose to click or other actions taken within the Online Store, may also be collected. The legal basis for this collection is a legitimate interest (Article 6(1)(f) of the GDPR), aimed at facilitating the use of electronically provided services and enhancing their functionality.

10. To establish, investigate, and enforce claims, certain personal data provided by the Customer while using the functionalities in the Online Store may be processed. This includes their name, surname, data concerning the use of services, and other necessary information to substantiate the existence of a claim, including the extent of the damage suffered. The legal basis for this processing is a legitimate interest (Article 6(1)(f) of the GDPR), aimed at establishing, investigating, and enforcing claims, as well as defending against claims in proceedings before courts and other state authorities.

11. Providing personal data to ELEMENTOFF is voluntary, considering the contracts concluded or services provided through the Online Store's website. However, not providing specific data in the registration process prevents registration and the establishment of a Customer account. In the case of placing an order without registering a Customer account, it will prevent the submission and fulfillment of the Customer's order.

§ 2 Who has access to or is entrusted with the data, and for how long is it stored?

1. The personal data of the Customer is shared with service providers used by ELEMENTOFF in managing the Online Store. Service providers receiving this data either comply with ELEMENTOFF's instructions regarding the purposes and methods of processing this data (data processors) or autonomously determine the purposes and methods of processing (controllers).

1. Data processors: ELEMENTOFF utilizes providers who process personal data solely upon ELEMENTOFF's instructions. These include, among others, hosting service providers, accounting services, providers of marketing systems, traffic analysis systems within the Online Store, and systems to analyze the effectiveness of marketing campaigns.
2. Controllers: ELEMENTOFF uses providers who do not exclusively act on instructions and independently establish the purposes and methods of utilizing Customers' personal data. They provide electronic payment and banking services.

2. Location: Service providers are based in Poland and other countries within the European Economic Area (EEA).

3. The personal data of Customers is stored:

1. When the legal basis for processing personal data is consent, ELEMENTOFF processes the Customer's personal data until the consent is withdrawn. After consent withdrawal, the data is retained for a period corresponding to the statute of limitations for potential claims that ELEMENTOFF may raise or face. Unless a specific provision states otherwise, the limitation period is six years, and for claims related to periodic services and business activities, it is three years.
2. When the legal basis for processing data is the execution of a contract, ELEMENTOFF processes the Customer's personal data for the duration necessary to fulfill the contract. After this period, it is retained for a duration corresponding to the statute of limitations for potential claims. Unless a specific provision states otherwise, the limitation period is six years, and for claims related to periodic services and business activities, it is three years.

4. In the event of a purchase in the Online Store, personal data may be transferred to a courier company for the delivery of ordered goods.

5. If the Customer chooses payment through the AutoPay.pl system, their personal data is transferred to Autopay.pl S.A., based in Sopot 81-718, at ul. Powstańców Warszawy 6, necessary for processing the payment.

6. Navigational data may be used to enhance Customer service, conduct statistical analysis, tailor the Online Store to Customer preferences, and administer the Online Store.

7. Upon request, ELEMENTOFF provides personal data to authorized state authorities, especially organizational units of the Prosecutor's Office, Police, President of the Office for Personal Data Protection, President of the Office of Competition and Consumer Protection, or President of the Office of Electronic Communications.

§ 3 Cookie mechanism, IP address

1. The Online Store uses small files known as cookies. These are stored by ELEMENTOFF on the end device of the person visiting the Online Store if the internet browser allows it. A cookie typically contains the domain name it comes from, its "expiration time," and an individually assigned random number identifying the file. Information collected through these files helps ELEMENTOFF tailor products offered to individual preferences and the actual needs of those visiting the Online Store. They also facilitate the compilation of general visit statistics for products displayed in the Online Store.

2. ELEMENTOFF uses two types of cookies:

1. Session cookies: After the session of a particular browser ends or the computer is turned off, the saved information is deleted from the device's memory. The session cookies mechanism does not allow the retrieval of any personal data or confidential information from Customers' computers.
2. Persistent cookies: These are stored in the end device's memory of the Customer and remain there until they are deleted or expire. The persistent cookies mechanism does not allow the retrieval of any personal data or confidential information from Customers' computers.

3. ELEMENTOFF uses its own cookies for:

1. Authenticating the Customer in the Online Store and ensuring the Customer's session in the Online Store (after logging in), so the Customer does not have to re-enter their login and password on each subpage of the Online Store.
2. Analysis, research, and viewership audits, particularly for creating anonymous statistics that help understand how Customers use the Online Store's website, thereby enabling enhancements to its structure and content.

4. ELEMENTOFF uses external cookies for:

1. Presenting on the Store's information pages a map showing the location of ELEMENTOFF's office using the service maps.google.com (external cookie administrator: Google Inc based in the USA).
2. Collecting general and anonymous statistical data through analytical tools like Google Analytics (external cookie administrator: Google LLC based in the USA).
3. Displaying the Reliable Regulations Certificate through the website rzetelnyregulamin.pl (external cookie administrator: Rzetelna Grupa sp. z o.o. based in Warsaw).

5. The cookie mechanism is safe for the Customer's computers in the Online Store. In particular, it does not allow viruses or any unwanted software or malware to penetrate Customers' computers. Nonetheless, Customers have the option to limit or disable cookie access to their computers through their browsers. If this option is used, the use of the Online Store will be possible, except for functions inherently requiring cookies.

6. Here are instructions on how to change the settings regarding cookies for popular internet browsers:

1. Internet Explorer browser;
2. Microsoft EDGE browser;
3. Mozilla Firefox browser;
4. Chrome and Chrome Mobile browser;
5. Safari and Safari Mobile browser;
6. Opera browser.

7. ELEMENTOFF may collect Customer IP addresses. An IP address is a number assigned to a computer visiting the Online Store by the internet service provider. It enables internet access and is often dynamically assigned to a computer, meaning it changes with each internet connection. The IP address is used by ELEMENTOFF for diagnosing technical issues with the server, creating statistical analyses (e.g., determining regions with the most visits), as useful information for administering and improving the Online Store, for security purposes, and potential identification of server loads or unwanted automatic content browsing programs.

8. The Online Store contains links to other websites. ELEMENTOFF is not responsible for the privacy policies governing those sites.

§ 4 Rights of individuals whose data is processed

1. Right to withdraw consent - legal basis: Article 7(3) GDPR.

1. The Customer has the right to withdraw any consent given to ELEMENTOFF.
2. The withdrawal of consent takes effect from the moment the consent is withdrawn.
3. The withdrawal of consent does not affect processing carried out by ELEMENTOFF lawfully before its withdrawal.
4. The withdrawal of consent does not entail any negative consequences for the Customer. However, it may prevent further use of services or functionalities that, according to the law, ELEMENTOFF can provide only with consent.

2. Right to object to data processing - legal basis: Article 21 GDPR.

1. The Customer has the right at any time, for reasons related to their particular situation, to object to the processing of their personal data, including profiling, if ELEMENTOFF processes their data based on a legitimate interest, e.g., marketing ELEMENTOFF products and services, conducting statistics on the use of specific functionalities of the Online Store, enhancing the Online Store's usability, and conducting satisfaction surveys.
2. Opting out via email from receiving marketing communications about products or services signifies the Customer's objection to the processing of their personal data, including profiling, for these purposes.
3. If the Customer's objection is valid and ELEMENTOFF does not have any other legal basis for processing the personal data, the Customer's data subject to objection will be deleted.

3. Right to erasure of data ("right to be forgotten") - legal basis: Article 17 GDPR.

1. The Customer has the right to request the deletion of some or all personal data.
2. The Customer has the right to request the deletion of personal data if:

a) the personal data are no longer necessary for the purposes for which they were
collected or processed;

b) the Customer has withdrawn consent on which the processing is based, and there
is no other legal ground for the processing;

c) the Customer has objected to processing for direct marketing purposes;

d) the personal data have been unlawfully processed;

e) the personal data must be erased to comply with a legal obligation;

f) the personal data were collected concerning the offer of information society
services.

3. Despite the request for data erasure, due to objection or consent withdrawal, ELEMENTOFF may retain some personal data as necessary for establishing, exercising, or defending legal claims, fulfilling legal obligations, or resolving complaints related to the use of ELEMENTOFF services.

4. Right to restriction of data processing - legal basis: Article 18 GDPR.

1. The Customer has the right to request the restriction of their personal data processing. While the request is being processed, certain functionalities or services associated with the processing may be unavailable. ELEMENTOFF will not send any communications, including marketing, during this period.
2. The Customer has the right to request the restriction of personal data processing in the following cases:

a) when the accuracy of their personal data is contested – in this case, ELEMENTOFF
restricts their processing for the time needed to verify their accuracy, for no longer
than 7 days;

b) when the processing is unlawful, and instead of erasing the data, the Customer
requests restriction;

c) when the personal data are no longer necessary for the purposes of processing,
but the Customer needs them for legal claims;

d) when the Customer has objected to the processing – in this case, the restriction
lasts until a decision is made whether, due to the Customer's particular situation, their
interests, rights, and freedoms outweigh the interests pursued by the Administrator in
processing the Customer's personal data.

5. Right to access data - legal basis: Article 15 GDPR.

1. The Customer has the right to obtain confirmation from the Administrator whether personal data concerning them is being processed and, where applicable, the right to:

a)  access their personal data;

b) receive information about the purposes of processing, the categories of personal
data being processed, recipients or categories of recipients of this data, the intended
retention period of the Customer's data, the rights granted by the GDPR, the right to
lodge a complaint with the supervisory authority, the source of this data, the
existence of automated decision-making, including profiling, and the safeguards
applied to transfer this data outside the European Union;

c) obtain a copy of their personal data.

6. Right to rectification of data - legal basis: Article 16 GDPR.

1. The Customer has the right to request the prompt rectification of inaccurate personal data concerning them. Considering the purposes of processing, the Customer has the right to request the completion of incomplete personal data by providing an additional statement, directing the request to the email address according to §6 of the Privacy Policy.

7. Right to data portability - legal basis: Article 20 GDPR.

1. The Customer has the right to receive the personal data they provided to the Administrator and transmit it to another chosen data controller. The Customer also has the right to request that the Administrator directly transmit the personal data to another data controller if technically feasible. In this case, the Administrator will transmit the Customer's personal data in a CSV file format, a widely used format suitable for machine reading and allowing the transfer of received data to another data controller.

8. If the Customer exercises their rights under the aforementioned provisions, ELEMENTOFF fulfills or refuses to comply with the request immediately, but no later than one month after receiving it. However, due to the complexity of the request or the number of requests, if ELEMENTOFF cannot fulfill the request within one month, it will do so within the next two months, informing the Customer in advance within one month of receiving the request about the intended extension and its reasons.

9. The Customer may submit complaints, inquiries, and requests concerning the processing of their personal data and the exercise of their rights to the Administrator.

10. The Customer has the right to request from ELEMENTOFF a copy of standard contractual clauses by directing the request in the manner specified in §6 of the Privacy Policy.

11. The Customer has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the infringement of their rights related to personal data protection or other rights granted under the GDPR.

§ 5 Security Management - Password

1. ELEMENTOFF ensures customers a secure and encrypted connection when transmitting personal data and during the login process to the customer's account in the Service. ELEMENTOFF uses an SSL certificate issued by one of the leading global companies in internet security and data encryption.

2. In the event that a customer who has an account in the Online Store has lost their password in any way, the Online Store enables the generation of a new password. ELEMENTOFF does not send password reminders. The password is stored in an encrypted form, making it impossible to read. To generate a new password, the customer should provide their email address in the form available under the "Forgot your password" link provided on the login form to the account in the Online Store. The customer, using the email address provided during registration or saved in the last change of the account profile, will receive an email containing a redirection to a dedicated form available on the Online Store's website, where the customer will be able to set a new password.

3. ELEMENTOFF never sends any correspondence, including electronic correspondence, requesting login credentials, especially the access password to the customer's account.

§ 6 Changes to the Privacy Policy

1. The Privacy Policy may change, and ELEMENTOFF will inform customers in advance, at least 7 days prior.

2. Questions related to the Privacy Policy should be directed to: elementoff@elementoff.com

3. Last modified date: December 15, 2023.