ONLINE STORE RULES / SERVICE PROVISION REGULATIONS
1. GENERAL TERMS
1.1. The online store available at www.pu-allbud.com is operated by PU ALLBUD Sp. z o.o., a company with its registered office in Piaski (registered office and postal address: Lubelska str. 32, 21-050 Piaski), entered into the register of entrepreneurs of the National Court Register under KRS number 0000690883; NIP: 7123345728, REGON: 368018800, e-mail: pu-allbud@gmail.com, telephone number: +48 57 048 29 82.
1.2. These Rules are addressed to both consumers and entrepreneurs using the Online Store, unless otherwise provided by separate provisions of the Rules.
1.3. The Seller is the administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Rules. The processing of personal data is carried out for the purposes, for the period and on the grounds and principles specified in the privacy policy published on the website of the Online Store. The privacy policy primarily contains the rules for the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and terms of processing personal data, the rights of personal data subjects, as well as information on the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Likewise, the provision of personal data by the Service Recipient or the Client using the Online Store is voluntary, except for the cases specified in the Privacy Policy (conclusion of the contract and the statutory obligations of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.
1.4.2. ORDER FORM – an Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by indicating the recipient and sender details, as well as adding Products to the electronic basket and specifying the terms of the Sale and Purchase Agreement, including the delivery and payment method.
1.4.3. CLIENT – (1) an individual with full legal capacity, and in cases stipulated by generally applicable provisions, also an individual with limited legal capacity; (2) a legal entity; or (3) an organizational unit without the status of a legal entity, possessing legal capacity in accordance with the law, which has entered into or intends to enter into a Sale and Purchase Agreement with the Seller. In the case of the sale of Products containing alcoholic beverages, the Buyer may only be an individual who has reached the age of 18.
1.4.4. CIVIL CODE – the Civil Code Act of 23 April 1964 (Legislative Bulletin of 1964, No. 16, Art. 93, as amended)
1.4.5. NEWSLETTER – Electronic service, electronic distribution service provided by the Service Provider via e-mail, which allows all Service Recipients using it to automatically receive from the Service Provider cyclical content of subsequent issues of the newsletter containing information about Products, new products and promotions in the Online Store.
1.4.8. PRODUCTS – movable property placed in the Online Store and constituting the subject of the Sale and Purchase Agreement between the Buyer and the Seller, including: engineering projects and software.
1.4.9. RULES – these rules of the Online Store.
1.4.10. ONLINE STORE – the Service Provider’s online store, accessible at the following Internet address: www.pu-allbud.com.
1.4.11. SELLER, SERVICE PROVIDER – the company PU ALLBUD Sp. z o.o., a company with its registered office in Piaski (registered office and postal address: Lubelska str. 32, 21-050 Piaski), entered into the register of entrepreneurs of the National Court Register under KRS number 0000690883; NIP: 7123345728, REGON: 368018800, e-mail: pu-allbud@gmail.com, telephone number: +48 57 048 29 82.
1.4.12. SALE AND PURCHASE AGREEMENT – a contract for the sale and purchase of Goods concluded or entered into force between the Buyer and the Seller via the Online Store.
1.4.13. ELECTRONIC SERVICE – a service provided by the Service Provider to the Service Recipient electronically via the Online Store.
1.4.14. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable provisions, also a natural person with limited legal capacity; (2) a legal entity; or (3) an organizational unit without the status of a legal entity, which is granted legal capacity by law; - using or intending to use the Electronic Service.
1.4.15. CONSUMER RIGHTS LAW - the Law of 30 May 2014 on consumer rights (Journal of Laws 2014, Article 827, as amended and supplemented)
1.4.16. ORDER - the Buyer's expression of will, executed using the Order Form and aimed directly at concluding the Agreement of Sale and Purchase of the Products with the Seller.
2. TERMS OF CONCLUDING A SALES AGREEMENT
2.1. The Sales Agreement between the Buyer and the Seller shall be concluded after the Buyer places an Order in the Online Store.
2.2. The price of the Product indicated on the Online Store website is indicated in euros and includes taxes. The Buyer shall be notified on the Online Store website of the full price of the Product which is the subject of the Order, including taxes, including delivery costs (including transport, courier and postal costs) and other costs, and if the amount of these costs cannot be determined, of the obligation to pay them, when placing the Order, including when the Buyer expresses his will to be bound by the Sales Agreement.
2.3. After placing the Order, the Seller shall immediately confirm receipt thereof. The receipt of the Order is confirmed and accepted for execution by the Seller by sending the Buyer the relevant electronic messages to the Buyer's e-mail address specified when placing the Order, which contain at least the Seller's statement of receipt of the Order and confirmation of the conclusion of the Sales Agreement (in this case, acceptance for execution occurs after receipt of payment actually made by the Buyer). After the Client receives the e-mail, the Sales Agreement is concluded between the Client and the Seller.
2.4. The content of the concluded Sales Agreement is recorded, protected and provided to the Client by (1) posting the Rules on the website of the Online Store and attaching the content of the Rules to the e-mail containing the Seller's statement of receipt of the Order, (2) sending the Client the e-mail specified in paragraph
2.4.1. of the Rules. The content of the Sales Agreement is additionally recorded and protected in the IT system of the Online Store.
3. METHODS AND CONDITIONS OF PAYMENT FOR PRODUCTS
3.1. In order to ensure the highest level of security for payments made in our flower shop, we have entered into a cooperation agreement with payment intermediaries who make every effort to ensure that your money always reaches its intended destination.
3.2. The Seller provides the Buyer with the following methods of payment under the Sales Agreement:
3.2.1. Payment by transfer to the Seller's bank account.
3.2.2.
3.2.3.
3.2.4.
3.3. Payment term:
3.3.1. If the Buyer chooses the payment method by bank transfer, electronic payment or payment by card, the Buyer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement.
4. METHOD AND TERMS OF SENDING PRODUCTS.
4.1. After successful payment of the order, a link to download the digital product will be sent to the buyer's email within 60 minutes.
4.2. In case of technical problems or delays in sending the link, the buyer will be notified of the order status within 24 hours.
5. PROCEDURE FOR REVIEWING COMPLAINTS
5.1. This paragraph 6 of the Regulations defines the procedure for handling complaints, common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the activities of the Seller or the Online Store.
5.2. The grounds and scope of liability are determined by generally applicable legal norms, in particular, the Civil Code, the Law on Consumer Rights and the Law on the Provision of Electronic Services of July 18, 2002 (Journal of Laws No. 144, Art. 1204, as amended and supplemented).
5.2.1. Detailed provisions concerning the complaint about the Goods - movable things (including movable things with digital elements), with the exception of movable things that serve exclusively as a carrier of digital content - acquired by the Buyer on the basis of the Sale and Purchase Agreement concluded with the Seller from 1 January 2023, are set out in the provisions of the Consumer Rights Act as amended from 1 January 2023, in particular in Articles 43a - 43g of the Consumer Rights Act. These provisions, in particular, define the grounds and scope of the Seller's liability to the consumer in the event of non-conformity of the Goods with the Sale and Purchase Agreement.
5.2.2. Detailed provisions concerning complaints about the Product - digital content or service or movable property that serves exclusively as a carrier of digital content - acquired by the Customer under the Sale and Purchase Agreement concluded with the Seller on or before 1 January 2023, if the delivery of such Product was to take place or took place after that date, are set out in the provisions of the Consumer Rights Act as amended from 1 January 2023, in particular in Articles 43h to 43q of the Consumer Rights Act. These provisions, in particular, define the grounds and scope of the Seller's liability to the consumer in the event of non-compliance of the Product with the Sale and Purchase Agreement.
5.3. A complaint may be submitted, for example:
5.3.1. in writing to the following address: Lubelska str. 32, 21-050 Piaski;
5.3.2. electronically by e-mail to the following address: pu-allbud@gmail.com.
5.4. The Product may be sent or returned as part of a complaint to the following address: Lubelska str. 32, 21-050 Piaski.
5.5. It is recommended that the description of the complaint include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the breach or non-conformity with the contract; (2) a request for a method of achieving compliance with the contract or a statement on price reduction or withdrawal from the contract or any other request; and (3) contact details of the person filing the complaint - this will facilitate and speed up the processing of the complaint. The requirements specified in the previous sentence are purely advisory in nature and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
5.6. If, during the consideration of the complaint, the contact details provided by the complainant change, he is obliged to notify the Seller about this.
5.7. The complainant may attach evidence (e.g. photographs, documents or the Product) to the complaint that is relevant to the subject of the complaint. The Seller may also ask the complainant to provide additional information or send evidence (e.g. photographs) if this will facilitate and speed up the Seller's consideration of the complaint.
5.8. The Seller will respond to the claim promptly, no later than 14 calendar days from the date of its receipt.
6. OUT-OF-COURT PROCEDURES FOR RESOLVING COMPLAINTS AND CLAIMS AND RULES FOR ACCESSING THESE PROCEDURES
6.1. Detailed information on the possibility of using out-of-court methods for resolving complaints and settling claims by the Client who is a consumer, as well as the rules for accessing these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
6.2. There is also a contact point with the President of the Office of Competition and Consumer Protection (phone: 22 55 60 333, e-mail: kontakt.adr@uokik.gov.pl or written address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to assist consumers in matters related to out-of-court resolution of consumer disputes.
6.3. The consumer has the following examples of possibilities for using out-of-court methods of considering complaints and filing claims: (1) an application for dispute resolution to a permanent consumer arbitration court (more information on the website: http://www.spsk.wiih.org.pl/); (2) a petition for out-of-court dispute resolution to a provincial inspector of the Trade Inspection (more information on the website of the inspector competent for the Seller's registered office); and (3) assistance from a district (municipal) consumer ombudsman or a public organisation whose statutory tasks include consumer protection (e.g. the Consumer Federation, the Polish Consumers Association). Advice is provided, inter alia, by e-mail porad@dlakonsumentow.pl and by calling the consumer hotline at 801 440 220 (the hotline operates on business days from 8:00 to 18:00, the call costs according to the operator's tariff).
6.4. The platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website providing a set of services for consumers and entrepreneurs wishing to settle a dispute out of court on contractual obligations arising from an online purchase and sale agreement or a service agreement (more information on the platform's website or on the website of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php.
7. RIGHT TO WITHDRAW FROM THE AGREEMENT
7.1. The Consumer who has concluded a distance agreement has the right to withdraw from it within 14 calendar days without giving reasons and without incurring any costs, except for the costs specified in paragraph 1. 8.8 of the Rules. In order to meet the deadline, it is sufficient to send the declaration before its expiration. An application for withdrawal from the agreement may be submitted, for example:
7.1.1. in writing to the following address: Lubelska str. 32, 21-050 Piaski;
7.1.2. electronically by e-mail to the following address: pu-allbud@gmail.com.
7.2. The return of the Products - movable things (including movable things with digital elements) within the framework of withdrawal from the agreement may be carried out to the following address: Lubelska str. 32, 21-050 Piaski.
7.3. A sample form for withdrawal from the contract is provided in Appendix No. 2 to the Consumer Rights Act and is additionally available in paragraph 12 of the Regulation. The Consumer may use the sample form, but this is not mandatory.
7.4. The period for termination of the contract begins:
7.4.1. for a contract under which the Seller delivers the Products and undertakes to transfer ownership of them - from the moment when the Consumer or a third party specified by him, other than the carrier, takes possession of the Products, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches or parts - from the moment when the last Product, batch or part is taken into possession, or (2) consists of regular delivery of Products over a specified period of time - from the moment when the first Product is taken into possession;
7.4.2. under other contracts - from the date of conclusion of the contract.
7.5. In case of refusal from the distance contract, the contract is considered not concluded.
7.6. Products - movable items, including movable items with digital elements:
7.6.1. The seller is obliged to immediately, no later than 14 calendar days from the date of receipt of the consumer's application for refusal of the contract, return to the consumer all payments made by him, including the costs of delivery of Products - movable things, including movable things with digital elements (except for additional costs incurred as a result of the delivery method chosen by the consumer, other than the cheapest standard delivery method available in the online store). The seller returns the payment in the same way that the consumer used, unless the consumer has expressly agreed to another return method that does not entail any costs for him. In the case of Products that are movable things (including movable things with digital elements), if the Seller has not offered to collect the Products from the Consumer on its own, it may withhold the refund of payments received from the Consumer until it receives the Products back or the Consumer provides proof of their return, whichever occurs first.
7.6.2. In the case of Products that are movable things (including movable things with digital elements), the Consumer is obliged to immediately, but no later than 14 calendar days from the date of withdrawal from the contract, return the Goods to the Seller or transfer them to a person authorized by the Seller to receive them, unless the Seller has offered to collect the Products on its own. To comply with the deadline, it is sufficient to return the Products before the expiration of their shelf life.
7.6.3. The Consumer is responsible for any reduction in the value of the Product - a movable item (including a movable item with digital elements) - as a result of its use in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
7.7. Products – digital content or digital services:
7.7.1. In the event of withdrawal from the contract for the supply of the Product – digital content or digital service – the Seller, from the date of receipt of the consumer’s application for withdrawal from the contract, shall not have the right to use content other than the personal data provided or created by the consumer during the use of the Product – digital content or digital service – provided by the Seller, with the exception of content that: (1) is only useful in connection with the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer’s actions when using the digital content or digital service provided by the Seller; (3) was combined by the entrepreneur with other data and cannot be separated from them or can be separated only with disproportionate effort; (4) was produced by the consumer jointly with other consumers who can still use them. Except for the cases specified in paragraphs (1)–(3) above, the Seller is obliged, at the consumer’s request, to provide him/her with content other than personal data that was provided or created by the consumer in the course of using the digital content or digital service provided by the Seller. In the event of withdrawal from the contract, the Seller has the right to prevent the consumer from further using the digital content or digital service, in particular by denying the consumer access to the digital content or digital service or by blocking the user account, which does not affect the consumer’s rights specified in the previous sentence. The consumer has the right to receive digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a generally accepted machine-readable format.
7.7.2. In the event of withdrawal from the contract for the supply of the Products – digital content or digital service, the consumer is obliged to stop using this digital content or digital service and providing it to third parties.
7.8. Possible costs associated with the consumer’s withdrawal from the contract, which the consumer is obliged to bear:
7.8.1. In the case of Products - movable things (including movable things with digital elements) - if the Consumer has chosen a method of delivery of the Products other than the cheapest standard method of delivery available in the Online Store, the Seller is not obliged to reimburse additional costs incurred by the Consumer.
7.8.2. In the case of Products - movable things (including movable things with digital elements) - the consumer shall bear the direct costs of returning the Products.
7.8.3. In the case of Products - services, the performance of which - at the express request of the consumer - began before the expiration of the period for withdrawal from the contract, the consumer who has exercised the right to withdraw from the contract after submitting such a request is obliged to pay for the services rendered until the moment of withdrawal from the contract. The amount of payment is calculated proportionally to the volume of services rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is inflated, the basis for calculating this amount is the market value of the service rendered.
7.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
7.9.1 (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 explicit and prior consent of the consumer, who has been notified before the commencement of performance that after the Seller has performed the service, he will lose the right to withdraw from the contract and has acknowledged this; (2) when the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the expiry of the withdrawal period; (3) if the subject of the supply is - a movable thing (including a movable thing with digital elements), - which is not a finished product, manufactured according to the consumer's specifications or intended to meet his individual needs; (4) if the subject of the supply is a Product - movable property (including movable property with digital elements), subject to rapid deterioration or having a short shelf life; (5) if the subject of the delivery is a Product - movable property (including movable property with digital elements), - delivered in sealed packaging that cannot be returned after opening the packaging for health protection or hygiene reasons, if the packaging was opened after delivery; (6) if the subject of the delivery is a Product - movable things (including movable things with digital elements), - which after delivery, due to their nature, are inseparably connected with other movable things, including movable things with digital elements; (7) if the subject of the performance are alcoholic beverages, the price of which was agreed upon upon conclusion of the Purchase and Sale Agreement and which can only be delivered after 30 days and the price of which depends on market fluctuations beyond the control of the Seller; (8) if the consumer has expressly asked the Seller to come to him for urgent repairs or maintenance; if the Seller provides additional services other than those requested by the consumer or supplies Products - movable things (including movable things with digital elements) - with the exception of spare parts necessary for repairs or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or Products; (9) if the subject of performance is audio or video recordings or computer programs supplied in sealed packaging, if the packaging was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; (11) concluded through public auction; (12) for the provision of accommodation services not related to accommodation, cargo transportation, car rental, meals, services related to recreation, entertainment, sports or cultural events, if the contract specifies the day or period of provision of the service; (13) for the supply of digital content not supplied on a tangible medium for which the consumer is obliged to pay a price, if the Seller has commenced performance with the express and prior consent of the consumer, who has been notified before the commencement of performance that after the Seller has performed the performance, he will lose the right to withdraw from the contract and has acknowledged this, and the Seller has provided the consumer with the confirmation specified in Art. 15 sec. 1 and 2 or Art. 21 section 1 of the Consumer Rights Act; (14) for the provision of services for which the consumer is obliged to pay a price, where the consumer has expressly requested the Seller to come to him for the purpose of carrying out repairs and the service has already been fully rendered with the express and prior consent of the consumer.
7.10. The provisions of this paragraph 8 of the Regulations concerning the consumer shall apply from 1 January 2021 and, for contracts concluded from that date, also to the Service Recipient or the Customer who is an individual concluding a contract directly related to his business activity, when it follows from the content of this contract that it is not of a professional nature for that person, arising, in particular, from the subject of the business activity carried out by him, provided on the basis of the provisions on the Central Register and information on business activity.
7,11 According to Art. 38 points 13 of the Law on Consumer Rights, the right to refuse a contract concluded outside a commercial premises or at a distance does not apply to the consumer in relation to contracts: for the supply of digital content that is not recorded on a tangible medium, if the provision of the service began with the direct consent of the consumer before the expiration of the term for renunciation of the contract and after the entrepreneur notified him of the loss of the right to withdraw from the contract.
8. FINAL PROVISIONS
8.1. Agreements concluded via the Online Store are concluded in Polish.
8.2. Amendments to the Rules:
8.2.1. The Service Provider reserves the right to amend these Rules for important reasons, namely: changes in legal provisions; changes in the methods or conditions of payment or delivery subject to a legal or regulatory obligation; changes in the scope or form of Electronic Services provided; adding new Electronic Services; the need to counter an unforeseen and direct threat related to the protection of the Online Store, including Electronic Services and Service Recipients/Customers, from fraud, malware, spam, data leakage or other cybersecurity threats - to the extent that these changes affect the implementation of the provisions of these Rules.
8.2.2. The proposed changes shall be notified at least 15 days before the effective date of the changes, provided that the change may be made without observing the 15-day notice period if the Service Provider: (1) is bound by a legal or regulatory obligation to change the Rules in a way that prevents it from complying with the 15-day notice period; or (2) must change its Rules as a matter of exceptional circumstances to address an unforeseen and immediate threat to the protection of the Online Store, including the Electronic Services and the Service Recipients/Customers, from fraud, malware, spam, data leaks or other cybersecurity threats. In the last two cases specified in the previous sentence, the changes shall be made immediately, unless it is possible or necessary to apply a longer period for making the changes, of which the Service Provider shall notify each time.
8.2.3. In the case of permanent contracts (e.g. provision of the Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed changes. Such termination shall take effect within 15 days from the date of receipt of the notice. In the case of a permanent contract, the amended Rules shall be binding on the Service Recipient if he/she was duly notified of the changes in accordance with the notice period before they were made and did not terminate the contract within this period. In addition, at any time after receiving the notice of the changes, the Service Recipient may accept the changes made and thereby waive the further notice period. In the case of concluding a contract of a nature other than continuing contracts, the changes to the Rules shall in no way infringe the rights acquired by the Service Recipient before the effective date of the changes to the Rules, in particular, the changes to the Rules shall not affect Orders already placed or submitted and Purchase and Sale Agreements concluded, executed or performed.
8.2.4. If the change to the Rules results in the introduction of new or an increase in existing fees, the consumer has the right to terminate the agreement. 7.3. In matters not regulated by these Rules, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the Provision of Services by Electronic Means of 18 July 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the Consumer Rights Act; and other relevant provisions of generally applicable law.
Privacy Policy
1. GENERAL TERMS
1.1... This privacy policy of the Online Store is for informational purposes only and does not constitute a source of obligations for the Service Recipients or Customers of the Online Store. The privacy policy primarily contains the principles concerning the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and scope of personal data processing, the rights of personal data subjects, as well as information on the use of cookies and analytical tools in the Online Store.
1.2. The controller of personal data collected through the Online Store is the company PU ALLBUD Sp. z o.o., a company with its registered office in Piaski (registered office and postal address: Lubelska str. 32, 21-050 Piaski), entered into the register of entrepreneurs of the National Court Register under KRS number 0000690883; NIP: 7123345728, REGON: 368018800, e-mail: pu-allbud@gmail.com, telephone number: +48 57 048 29 82 – hereinafter referred to as the "Administrator" and simultaneously the Online Store Service Provider and the Seller.
1.3. Personal data in the Online Store are processed by the Administrator in accordance with applicable legal regulations, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) - hereinafter referred to as the "GDPR" or "GDPR Regulation". Official text of the GDPR Regulation: http://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679
1.4. Using the Online Store, including making purchases, is voluntary. Likewise, providing personal data by the User of the Service or the Client using the Online Store is voluntary, with the exception of two cases: (1) concluding contracts with the Administrator — failure to provide personal data necessary for concluding and executing the Sale and Purchase Agreement or the Electronic Services Agreement with the Administrator in the cases and to the extent specified on the website of the Online Store, in the Rules of the Online Store and this Privacy Policy, makes it impossible to conclude the said agreement. In such a case, providing personal data is a contractual requirement, and if the data subject wishes to conclude this agreement with the Administrator, he/she is obliged to provide the required data. The amount of data necessary for concluding the agreement is each time specified in advance on the website of the Online Store and in the Rules of the Online Store; (2) statutory obligations of the Administrator - the provision of personal data is a statutory requirement arising from generally applicable legal provisions imposing on the Administrator an obligation to process personal data (e.g. to process data for the purposes of maintaining tax or accounting books), and failure to provide such data will prevent the Administrator from fulfilling these obligations.
1.5. The Administrator shall exercise particular care to protect the interests of persons whose personal data it processes and, in particular, shall be responsible for and ensure that the data it collects: (1) are processed lawfully; (2) are collected for specified legitimate purposes and are not further processed in a manner incompatible with these purposes; (3) are factually correct and adequate in relation to the purposes for which they are processed; (4) stored in a form which permits identification of data subjects for no longer than is necessary to achieve the purpose of the processing, and (5) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
1.6. Taking into account the nature, scope, context and purposes of the processing as well as the risk of infringement of the rights and freedoms of natural persons of varying likelihood and severity, the Controller shall implement appropriate technical and organisational measures to ensure that the processing is carried out in accordance with this Regulation and be able to demonstrate this. These measures shall be reviewed and updated as necessary. The Administrator shall use technical measures to prevent unauthorised persons from obtaining and modifying personal data sent electronically.
1.7. All words, expressions and abbreviations used in this Privacy Policy and beginning with a capital letter (e.g. Seller, Online Store, Electronic Service) should be understood in accordance with their definitions contained in the Online Store Rules, available on the Online Store website.
2. DATA PROCESSING FUNDAMENTALS
1.2. The Controller has the right to process personal data in cases and to the extent that at least one of the following conditions is met: (1) the data subject has given consent to the processing of his or her personal data for one or more specific purposes; (2) the processing is necessary for the performance of a contract to which the data subject is a party or in order to take steps at the request of the data subject prior to entering into a contract; (3) the processing is necessary for compliance with a legal obligation imposed on the Controller; or (4) the processing is necessary for the purposes of the legitimate interests pursued by the Controller or a third party, except where such interests are outweighed by the interests or fundamental rights and freedoms of the data subject which require the protection of personal data, in particular where the data subject is a child.
2.2. The processing of personal data by the Administrator always requires that at least one of the grounds specified in point 2.1 of the Privacy Policy is present. The specific basis for processing the personal data of the Service Users and Online Store Buyers by the Administrator is specified in the following paragraph of the Privacy Policy – in relation to the specified purpose of processing personal data by the Administrator.
3. PURPOSE, BASIS AND PERIOD OF DATA PROCESSING IN THE ONLINE STORE
3.1. Each time, the purpose, basis and period, as well as the recipients of personal data processed by the Administrator, are determined by the actions taken by the given Service Recipient or Client in the Online Store or by the Administrator. For example, if the Client decides to make a purchase in the Online Store and chooses to pick up the purchased Goods instead of courier delivery, their personal data will be processed for the purpose of fulfilling the concluded Purchase and Sale Agreement, but will no longer be provided to the carrier delivering on behalf of the Administrator.
4. DATA RECIPIENTS IN THE ONLINE STORE
4.1. For the proper functioning of the Online Store, including the execution of the concluded Sales Agreements, the Administrator must use the services of third-party organizations (e.g. a software provider, courier service or payment system). The Administrator uses the services of only those processors who provide sufficient guarantees for the implementation of appropriate technical and organizational measures so that the processing complies with the requirements of the GDPR and protects the rights of data subjects.
4.2. Personal data may be transferred by the Administrator to a third country, and the Administrator guarantees that in such a case this will happen in relation to a country that ensures an adequate level of protection - in accordance with the GDPR, and in the case of other countries - that the transfer will be carried out on the basis of standard data protection clauses. The Administrator provides the data subject with the opportunity to receive a copy of his data. The Administrator transfers collected personal data only in the case and to the extent necessary to achieve the specified purpose of data processing in accordance with this privacy policy.
4.3. The Controller does not transfer data in every case and not to all recipients or categories of recipients specified in the privacy policy - the Controller transfers data only when it is necessary to achieve the specified purpose of personal data processing and only to the extent necessary to achieve it. For example, if the Client uses personal collection, his data will not be transferred to a communications operator cooperating with the Administrator.
4.4. Personal data of Service Users and Online Store Buyers may be transferred to the following recipients or categories of recipients:
4.4.1. carriers/forwarders/courier brokers - if the Client uses the Online Store to deliver Products by mail or courier, the Administrator provides the collected personal data of the Client to the selected carrier, forwarder or intermediary carrying out transportation on behalf of the Administrator, to the extent necessary to complete the delivery of the Products to the Client.
4.4.2. entities processing electronic payments or payment cards - if the Client uses electronic payments or payment cards in the Online Store, the Administrator provides the collected personal data of the Client to the selected entity processing the above payments in the Online Store, upon request of the Administrator in the amount necessary to process the payment made by the Client.
4.4.3. Credit institutions/lessors - if the Client uses the instalment payment method or leasing in the Online Store, the Administrator provides the collected personal data of the Client to the selected creditor or lessor processing the above payments in the Online Store, upon request of the Administrator in the amount necessary to process the payment made by the Client.
4.4.4. Providers of public opinion polling systems - if the Client agrees to express his/her opinion on the concluded Sale and Purchase Agreement, the Administrator provides the collected personal data of the Client to the selected entity providing the public opinion polling system for the concluded Sale and Purchase Agreements in the Online Store, at the request of the Administrator, to the extent necessary for the Client to express his/her opinion using the public opinion polling system.
4.4.5. service providers providing the Administrator with technical, IT and organizational solutions that enable the Administrator to carry out business activities, including the Online Store and the Electronic Services provided through it (in particular, suppliers of computer software for the operation of the Online Store, e-mail and hosting providers, as well as suppliers of software for company management and providing technical support to the Administrator) - the Administrator provides the collected personal data of the Client to the selected provider acting on his/her behalf only in the case and to the extent necessary to achieve the specified purpose of data processing in accordance with this privacy policy.
4.4.6. accounting, legal and consulting service providers providing the Administrator with accounting, legal or consulting support (in particular, an accounting office, law firm or debt collection company) - the Administrator provides the collected personal data of the Client to the selected provider acting on its behalf only in the case and to the extent necessary to achieve the specified purpose of data processing in accordance with this privacy policy.
5. PROFILING IN THE ONLINE STORE
5.1. The GDPR imposes on the Controller the obligation to inform about automated decision-making, including profiling, referred to in Art. 22 Section 1 and 4 of the GDPR and – at least in these cases – meaningful information about the principles governing their adoption, as well as the significance and envisaged consequences of such processing for the data subject. With this in mind, the Administrator provides information about possible profiling in this section of the privacy policy.
5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, however, the decisions made by the Administrator on its basis do not concern the conclusion or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The result of using profiling in the Online Store may be, for example, providing a certain person with a discount, sending them a promotional code, reminding them of unfinished purchases, sending an offer for a Product that may correspond to the interests or preferences of a certain person, or offering better conditions compared to the standard offer of the Online Store. Despite profiling, the person in question freely decides whether they want to take advantage of the discount or better conditions thus obtained and make a purchase in the Online Store.
5.3. Profiling in the Online Store involves the automatic analysis or prediction of the behavior of a specific person on the website of the Online Store, for example, by adding a certain Product to the shopping cart, viewing the page of a certain Product in the Online Store, or by analyzing the previous history of purchases made in the Online Store. A prerequisite for such profiling is that the Administrator has the personal data of the person in question in order to be able to send them, for example, a discount code.
5.4. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
6. RIGHTS OF THE DATA SUBJECT
6.1. Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Controller access to, rectification, erasure (“right to be forgotten”) or restriction of processing and has the right to object to processing, as well as the right to portability of their data. Detailed conditions for the exercise of the above rights are specified in Art. 15-21 GDPR.
6.2. Right to withdraw consent at any time – a person whose data is processed by the Controller on the basis of express consent (in accordance with Art. 6(1)(a) or Art. 9(2)(a) GDPR), you have the right to withdraw your consent at any time, which will not affect the lawfulness of the processing carried out on the basis of consent before its withdrawal.
6.3. Right to lodge a complaint with a supervisory authority – a person whose data is processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and procedure provided for by the provisions of the GDPR and Polish law, in particular the Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office.
6.4. Right to object – the data subject has the right, for reasons relating to his or her particular situation, to object at any time to the processing of his or her personal data based on Art. 6 paragraph 1 lit. d) (public interest or tasks) or e) (legitimate interest of the administrator), including profiling based on these provisions. In such a case, the Controller shall no longer be allowed to process the personal data unless he/she can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or the grounds for the establishment, exercise or defence of claims.
6.5. Right to object to direct marketing - if personal data is processed for direct marketing purposes, the data subject has the right to object at any time to the processing of his/her personal data for the purposes of such marketing, including profiling, to the extent that the processing is related to such direct marketing.
6.6. To exercise the rights specified in this paragraph of the privacy policy, you can contact the Administrator by sending a corresponding message in writing or by e-mail to the Administrator's address specified at the beginning of the privacy policy, or by using the contact form posted on the website of the Online Store.
7. ONLINE STORE COOKIES AND ANALYTICS
7.1. Cookies are small text information in the form of text files sent by the server and stored on the side of the person visiting the Online Store website (e.g. on the hard drive of a computer, laptop or on the memory card of a smartphone - depending on the device used by the visitor to our Online Store). Detailed information about cookies and the history of their creation can be found, among other things, here: https://pl.wikipedia.org/wiki/HTTP_cookie.
7.2. Cookies that can be sent by the Online Store website can be divided into different types according to the following criteria:
By supplier:
1) own (created by the Administrator's Online Store website) and
2) belonging to third parties/entities (except the Administrator).
By storage period on the device of the person visiting the website of the Online Store:
1) session (stored until you exit the Online Store or close the web browser) and
2) persistent (stored for a certain period of time, determined by the parameters of each file or until manual deletion).
By purpose of use:
1) necessary (ensuring the proper functioning of the Online Store website),
2) functional/preferential (ensuring that the Online Store website is customized to the preferences of the person visiting the website),
3) analytical and operational (collecting information about how the Online Store website is used),
4) marketing, advertising and social (collecting information about the person visiting the Online Store website for the purpose of showing them advertising, personalizing it, measuring its effectiveness and conducting other marketing activities, including on websites other than the Online Store website, such as social networking sites or other sites belonging to the same advertising networks as the Online Store)
7.3. The Administrator may process data contained in cookies when visitors use the Online Store website for the following specific purposes:
The purposes of using cookies in the Administrator's Online Store are to
- identify Users of the Service as logged in to the Online Store and demonstrate that they have logged in (mandatory cookies).
- remembering products added to the shopping cart to place an order (essential cookies)
- remembering data from completed order forms, surveys or login data for the online store (necessary and/or functional/preferred cookies)
- adapting the content of the online store website to the individual preferences of the Service Recipient (e.g. regarding colors, font size, page layout) and optimizing the use of the online store websites (functional/preferred cookies)
- maintaining anonymous statistics showing how the online store website is used (statistical cookies)
- remarketing, displaying and rendering advertisements, limiting the number of times an advertisement is displayed and ignoring advertisements that the Service Recipient does not want to see, measuring the effectiveness of advertisements, as well as personalizing advertisements, i.e. studying the behavioral characteristics of people visiting the online store by anonymously analyzing their actions (e.g. repeated visits to certain pages, keywords, etc.) in order to create a profile of them and provide them with advertising that is tailored to their expected interests, including when they visit other websites in the Google Ireland Ltd. and Facebook advertising network, i.e. Meta Platforms Ireland Ltd. (marketing, advertising and social cookies)
7.4. You can check in the most popular web browsers which cookies (including the cookie expiration date and the cookie provider) are currently being sent by the Online Store website as follows:
In Chrome:
(1) click the lock icon on the left in the address bar, (2) go to the "Cookies" tab.
In Firefox:
(1) click the shield icon on the left in the address bar, (2) go to the "Allowed" or "Blocked" tab, (3) click the "Cross-site tracking cookies", "Social media trackers" or "Content tracking" box.
In Internet Explorer:
(1) click on the "Tools" menu, (2) click on the "Internet Options" tab, (3) click on the "General" tab, (4) click on the "Settings" tab, (5) click on the "View Files" field.
In Opera:
(1) click on the lock icon on the left in the address bar, (2) click on the "Cookies" tab.
In Safari:
(1) click on the "Settings" menu, (2) click on the "Privacy" tab, (3) click on the "Manage Website Data" field
Regardless of the browser, using the available tools, for example at: https://www.cookiemetrix.com/ or: https://www.cookie-checker.com/
7.5. Most web browsers on the market accept the storage of cookies by default. Everyone has the opportunity to independently determine the conditions for the use of cookies through the settings of their web browser. This means that you can, for example, partially limit (e.g. temporarily) or completely disable the ability to save cookies - in the latter case, however, this may affect some functions of the Online Store (for example, it may not be possible to complete an order via the Order Form due to the fact that the Products will not be remembered in the basket at subsequent stages of the Order).
7.6. The settings of your web browser regarding cookies are important in terms of consent to the use of cookies by our online store - in accordance with the regulation, such consent can also be expressed through the settings of your web browser. Detailed information on changing cookie settings and deleting them yourself in the most popular web browsers is available in the help section of your web browser and on the following pages (just click on the link):
in the Chrome browser
in the Firefox browser
in the Internet Explorer browser
in the Opera browser
in the Safari browser
in the Microsoft Edge browser
7.7. The Administrator can use the Google Analytics and Universal Analytics services in the online store provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator to keep statistics and analyze traffic in the online store. The collected data is processed within the framework of the above services to generate statistics useful for administering the online store and analyzing traffic in the online store. This data is aggregated. The Administrator, using the above services in the Online Store, collects such data as sources and means of attracting visitors to the Online Store and the nature of their behavior on the Online Store website, information about the devices and browsers from which they visit the site, IP and domain, geographic data and demographic data (age, gender), interests.
7.8. A certain person can easily block the provision of information about their activity on the Online Store website to Google Analytics - for this purpose, you can, for example, install the browser add-on provided by Google Ireland Ltd., available here: https://tools.google.com/dlpage/gaoptout?hl=pl.
7.9. In connection with the possibility of the Administrator using advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Administrator indicates that full information on the principles of processing by Google Ireland Ltd. data of persons visiting the Online Store (including information stored in Cookies) is contained in the privacy policy of Google services, located at the following Internet address: https://policies.google.com/technologies/partner-sites.
7.10. The Administrator may use the Facebook Pixel service provided by Meta Platforms Ireland Limited (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) in the Online Store. This service helps the Administrator evaluate the effectiveness of advertising and learn what actions visitors to the Online Store take, as well as show these people personalized advertising. Detailed information about the operation of Facebook Pixel can be found on the following website: https://www.facebook.com/business/help/742478679120153?helpref=page_content.
7.11. You can manage the performance of the Facebook Pixel through the ad settings in your Facebook.com account: https://www.facebook.com/ads/preferences/?entry_product=ad_settings_screen .
8. FINAL PROVISIONS
8.1. The online store may contain links to other websites. The Administrator encourages you to read the privacy policy established there after visiting other websites. This privacy policy applies only to the Administrator's online store.
PU ALLBUD Sp. z.o.o.
LUBELSKA STR. 32, PIASKI, 21-050, POLAND
Andriy Danylyuk
Tel: +48 570 482982
entered into the register of entrepreneurs of the National Court Register under KRS number 0000690883;
NIP: 7123345728, REGON: 368018800