publication date: 29.02.2025.

SALES REGULATIONS

These Regulations have been created to protect your rights. They contain information about how to place an order, the conditions for concluding a contract, payment methods, as well as information about copyright and all information provided for by the provisions of generally applicable law. If you have any questions regarding the content of the Regulations, please contact me using the details provided below.

1. DEFINITIONS

  • Seller/Service Provider – Anna Maria Mossakowska conducting business under the name Sicilia Vegana di Mossakowska Anna Maria, address: via Giuseppe Bianca 62, 96012 Avola, Italy

  • Online Store/Service – weganskasycylia.pl/store

  • Price – the value expressed in monetary units that the Client is obliged to pay to the Seller for the Digital Content.

  • Proof of purchase – invoice, fiscal receipt, or other proof provided to the Client upon request confirming the sale of Digital Content. The proof of purchase is issued in accordance with the Act on Goods and Services Tax of March 11, 2004, and other relevant legal provisions.

  • Business day – a day from Monday to Friday, excluding public holidays.

  • Order form – a form available on the website that allows placing an Order.

  • Client/Service User – Buyer who intends to conclude or has concluded a Sales Agreement with the Seller.

  • Compatibility – the interaction of Digital Content or digital service with computer hardware or software typically used to access the content or digital service, without the need for alteration.

  • Consumer – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.

  • Account – a collection of resources in the Service Provider's IT system, designated by an individual name (login) and password, where personal data of the Service User, including information about placed Orders, is stored.

  • Newsletter – an electronic distribution service offered by the Seller via email, which the Client can order/subscribe to. It allows Service Users to receive electronic content from the Seller: information about the Seller, Digital Content, services related to the Seller, news, and promotions in the Store.

  • Payment operator – PayPro SA (PayPro) based in Poznań, at Pastelowa Street 8 (60-198), entered into the register of entrepreneurs of the National Court Register maintained by the District Court Poznań New Town and Wilda, VIII Economic Division of the National Court Register under the number KRS 0000347935, NIP number 7792369887.

  • Entrepreneur under Consumer Rights – Entrepreneur entering into an Agreement with the Seller related to their business activity, but this agreement does not have a professional character for this person, resulting in particular from the subject of the business activity disclosed in the Central Register and Information on Economic Activity.

  • Entrepreneur – a natural person, legal entity, and organizational unit that is not a legal person, which separate provisions grant legal capacity, conducting business activity in their own name, including professional activity, which in the course of this activity and for its needs makes purchases directly related to this activity in the Store.

  • Regulations – these Store regulations.

  • Sales Agreement – an agreement for the sale of Digital Content concluded between the Seller and the Client through the Online Store.

  • Distance contract – this is a contract concluded between the Client and the Seller through the Store, without the physical presence of the parties, using only one or several means of distance communication until the moment of concluding the contract.

  • Electronic Service – a service provided electronically by the Service Provider (Seller) for the benefit of the Service User (Client) through the Store.

  • Digital Content – all digital content offered through the Store, including texts, images, graphics, video materials, photos, or sounds, which are works within the meaning of the Act of February 4, 1994, on copyright and related rights (consolidated text Journal of Laws of 2018, items 1191, 1293). They are also data based on which, using appropriate software and hardware, specific information can be obtained after processing.

  • Buyer – a natural person, legal entity, or organizational unit without legal personality, to whom the law grants legal capacity, using the Electronic Service.

  • Order – a declaration of the Client's will, expressing the direct intent to conclude a distance contract made using means of distance communication. The order specifies the Digital Content it pertains to, as well as the information necessary for concluding and executing the Contract, such as payment method, delivery method, delivery location, and Client's data.

  • Payment – the settlement of dues to the Seller, which can be made through the available online payment methods in the Store, depending on the chosen payment method and ordered Digital Content.

  • System – a set composed of IT devices and software that enables the processing, storage, sending, and receiving of data via telecommunications networks using the appropriate end device (Internet).

  • Digital environment – computer hardware, software, and network connections used by the Buyer to access digital content or digital services or to use them.

  • License Agreement – an agreement for the paid use by the Client of the Provider's Digital Content, concluded under the terms specified in the Regulations.

  • Consumer Rights Act – the act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended), hereinafter referred to as the Act.

  • Civil Code – the act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended), hereinafter referred to as the Civil Code.

  • GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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, hereinafter referred to as GDPR.

  • Personal Data Protection Act – the act of May 10, 2018, on personal data protection (Journal of Laws 2018, item 1000, as amended).

  • Act on Providing Services by Electronic Means – the act of July 18, 2002, on providing services by electronic means (Journal of Laws No. 144, item 1204, as amended).

  • DSA - means Regulation (EU) 2022/2065 of the European Parliament and of the Council of October 19, 2022, on a single market for digital services and amending Directive 2000/31/EC (Digital Services Act).

  • Contact point - a means enabling the Provider to communicate directly electronically with the authorities of member states, the Commission, and the Council of Digital Services, as well as with Users.

  • Hosting service – this is a service consisting of storing information provided by the User and at their request.

  • User - This is a Client or a person who is not a Client of the Store visiting the Store and may familiarize themselves with Content within the Store or a person who has placed Content in the Store.

  • Hosting service provider - Anna Maria Mossakowska conducting business under the name Sicilia Vegana di Mossakowska Anna Maria, address: via Giuseppe Bianca 62, 96012 Avola, Italy.

  • Content - the content of the User's statement posted in the Store, particularly information in the form of text, photos, graphics, or other materials that the User has placed within the Store.

  • Illegal content - Content that is not in compliance with the law of the European Union or the law of a given EU member state, regardless of the specific subject or nature of that law, either in itself or in relation to the functionality of the Store and the Provider's services. Illegal Content includes, in particular: images depicting the immoral treatment of children for sexual purposes, private photos/graphics shared without the consent of the person entitled to that material, cyberstalking, content intended for the sale of products that do not meet requirements or are counterfeit, content intended for the sale of goods or provision of services in violation of consumer protection law, content infringing copyright.

  • Content inconsistent with the terms of use of the Store's services - Content that does not comply with the terms of use of the Store's services.

  • Terms of use of the Store's services - these are clauses, regardless of their name or form, that regulate the contractual relationship between the Provider and the User.

  • Moderation - These are non-automated or automated actions taken by the Provider, particularly to detect, identify, and combat illegal content or information inconsistent with the terms of use of the services provided by Users, including implemented measures that affect the availability, visibility, and accessibility of such illegal content or information, such as demotion of such content or information, demonetization, preventing access to them or their removal, or that affect the ability to transmit such information by Users, such as closing or suspending the User's account.

2. PRELIMINARY PROVISIONS

  • "The Service Provider, and simultaneously the Seller in the Service, is Anna Maria Mossakowska conducting business under the name Sicilia Vegana di Mossakowska Anna Maria, address: via Giuseppe Bianca 62, 96012 Avola, Italy"

  • "The online store is available at the domain: weganskasycylia.pl/sklep and on the relevant subpages, operated by the Seller."

  • "For any matters related to the Order or the functioning of the Store, please contact the Seller using the following contact details:"

"email address: sklep@weganskasycylia.pl"

"phone number: +39 3762265103"

"or the contact form available within the Service."

  • "The Seller provides the Customer or User with the Terms and Conditions free of charge before starting to use the Store. The Customer can preserve the content of the Terms in a manner convenient for them, e.g., by saving it on a durable medium or printing it out."

  • "The Seller is a VAT taxpayer."

  • "The condition for using the Store and concluding the Sales Agreement is the acceptance of the provisions of the Terms. By accepting them, the Customer agrees to all the provisions of the Terms and undertakes to comply with them."

  • "Acceptance of the Terms is voluntary but necessary for concluding the Agreement and placing an Order by the Customer through the Service."

  • "Information about Digital Content provided in the Service, in particular their descriptions, technical parameters, and prices, do not constitute an offer within the meaning of the Civil Code, but are merely an invitation to conclude a contract within the meaning of Article 71 of the Civil Code."

  • "The Customer using the Service is obliged to:"

  • "use the Electronic Services in accordance with applicable laws and the provisions of these Terms,"

  • "not to provide or transmit unlawful content,"

  • "Use any content posted in the Store only for personal use in accordance with the granted license (if such was granted)."

  • "Digital content and other materials, texts, descriptions, videos, graphics, logos posted in the Store are the property of the Seller or have been used by them with the consent of third parties who hold copyright or other intellectual property rights to them. Copying photos and other graphic materials without the written consent of the Seller or another third party holding rights to them is prohibited."

  • "It is prohibited to download photos and other materials from the Service and to use them for marketing and commercial purposes or any other purposes. The use of the aforementioned materials without the written consent of the Seller or another third party who holds copyright or intellectual property rights is illegal and may constitute grounds for initiating civil and criminal proceedings against those who engage in this practice."

  • "By posting entries in the Service, in particular texts, photographs, and drawings, the Customer grants the Seller a free, non-exclusive, and territorially unlimited license to record them by any technique, publicly distribute, share, and use them for promotional and advertising purposes. In particular, by posting their comments and reviews about a given Digital Content within the Service, the Customer agrees to the Service Provider's use of these comments and reviews, including their dissemination for promotional and advertising purposes of the Service. The Customer also grants the Service Provider authorization to exercise dependent rights to the Customer's work and to exercise personal rights on behalf of the Customer, in particular the right to integrity. The Customer may terminate this agreement at any time by submitting a statement to the Service Provider about the termination of this license along with a request to delete the materials specified in this statement."

  • "The Customer cannot make a purchase anonymously or under a pseudonym or using incorrect personal data."

  • "The Seller has the right to organize occasional contests and promotions, the conditions of which will be provided on the Store's website each time."

  • "Prices, the specifics of each Digital Content, its distinctive features, and information about significant properties are posted alongside the presented Digital Content."

  • "The Customer may use the available functions of the Store in accordance with the Terms and applicable regulations and in a manner that does not disrupt the operation of the Store and other Customers."

"3. MINIMUM TECHNICAL REQUIREMENTS"

  • "For the proper functioning of the Service, the following is needed:"

  • "access to the Internet from a suitable device such as a desktop computer, laptop, or other portable device, including equipment that allows communication and filling out necessary forms within the Service, e.g., a functional keyboard,"

  • properly configured, up-to-date version of a web browser supporting cookies, e.g., Internet Explorer, Opera, Mozilla Firefox, Safari, Google Chrome, and allowing browsing of websites,

  • an active and properly configured email account (the Seller recommends that the User check whether emails from the Service domain do not go to the "spam", "offers", or any folder other than "primary/inbox". The Seller has no influence over this and it depends on the User's email box settings and/or the provider of the email box used).

  • To place an order in the Service, in addition to the requirements specified in section 1, an active email account is necessary.

  • Before using the Service, the Client is obliged to check whether the device they possess meets the technical requirements specified in the Regulations.

4. CONCLUSION OF THE CONTRACT AND ORDER FULFILLMENT

  • The Client can place an Order and then conclude a Contract through the Order Form on the Store’s website by filling out the Order Form, to the extent necessary to finalize the Order.

  • Orders in the Service can be placed 7 days a week, 24 hours a day, excluding situations beyond the Seller's control (force majeure).

  • To successfully place an Order, it is necessary for the Client to:

  • add Digital Content to the Cart by clicking the "I Buy" button next to the presented Digital Content,

  • fill in the order form with the necessary data,

  • choose a payment method from those available in the Store,

  • accept the provisions of the Regulations and Privacy Policy,

  • click the "I Buy and Pay" button which indicates the necessity to pay for the order and complete the purchase on the next page,

  • optionally consent to the delivery of Digital Content by the Seller before the 14-day withdrawal period, and also confirm through the orderer that they understand that in such a case they will lose the right to withdraw from the distance contract if they download the File or log in to the Online Course or Online Consultation is realized before this period expires.

  • The Client is aware and understands that by clicking the "I Buy and Pay" button, they conclude a Contract with the Seller which entails an obligation to pay on the part of the Client.

  • To place an Order, it is necessary for the Client to provide the following data in the forms:

  • first and last name,

  • address (country, street, building number, apartment number, postal code, city),

  • phone number,

  • email address,

  • optionally: company name and data

  • The order sent by the Buyer is a declaration of the Buyer's will to conclude a Sales Agreement with the Seller, in accordance with the provisions of these Regulations.

  • The Client may also optionally submit comments on the order.

  • The Client has the option to modify the Order within the Service until the "I Buy and Pay" button is activated.

  • In the event that the Client wishes to receive a VAT invoice, they are obliged to indicate their tax identification number (NIP) in the Order Form. The VAT invoice will be sent to the email address provided by them, to which the Client consents.

  • The Client makes payment by selecting one of the payment methods available in the Store.

  • After placing the Order, the Seller promptly confirms the Order placed by the Client. The confirmation of the Order by the Seller occurs by sending the Client an email containing confirmation of all essential elements of the Order, to the email address provided by the Client.

  • The Contract is considered concluded upon the Client receiving an email confirming all essential elements of the sales contract.

  • The Seller reserves the right not to fulfill the Order in the event of:

  • incorrect/incomplete filling of the Order Form (lack of all data necessary for Order fulfillment),

  • failure to receive payment within 3 days from placing the Order (in the case of choosing the transfer payment option).

  • The Seller will provide the Consumer or Entrepreneur on Consumer Rights with confirmation of the consent given by the Consumer or Entrepreneur on Consumer Rights for the delivery of Digital Content in circumstances causing the loss of the right to withdraw from the contract, if such consent has been given by them.

5. PRICES

  • The prices of Digital Content posted in the Service are in Polish zlotys and are gross prices, which means they include all taxes required by applicable legal regulations, including value-added tax (VAT).

  • The Seller does not apply mechanisms for individual price adjustments in the Store based on automated decision-making.

  • The Seller provides information about the lowest price of a given Digital Content that was in effect for 30 days prior to the price reduction.

  • If the given Digital Content is offered for sale in the Service for less than 30 days, alongside the information about the reduced price, the Seller also displays information about the lowest price of the given Digital Content that was in effect from the start date of offering this Digital Content for sale until the date of the price reduction.

  • The Seller does not use tools from external providers to fulfill the requirements regarding prices, promotions, and discounts, as well as their presentation on the website and subpages of the Service.

6. PAYMENT METHODS

  • Current payment methods are specified in the Service at the moment the Customer expresses the intention to conclude the Agreement.

  • The following payment methods for ordered Digital Content are available:

  • electronic transfer – can be executed via the Payment Operator's system,

  • BLIK payment via the service provided by the Payment Operator.

  • A receipt or VAT invoice (personal or company) is issued for each Order.

  • Complaints – The Customer may submit a complaint regarding the Payment. Complaints are handled according to the rules of the Payment Operators.

  • It is assumed that the payment date is the date the Seller's bank account is credited.

7. DELIVERY OF DIGITAL CONTENT AND CHANGES IN DIGITAL CONTENT

  • Delivery of digital content is carried out via the Internet in electronic form.

  • Due to the nature of the sold product, the purchase of Digital Content can only be completed after payment is made in advance.

  • The Buyer will gain access to the Digital Content through a link/links sent to the email address provided by the Buyer.

  • The Seller fulfills orders for Digital Content and provides the Buyer automatically after payment authorization. An order containing digital files is executed upon receiving information from the payment processing entity about the completion of full payment.

  • Digital Content is considered delivered at the moment when the Digital Content or the means to access the Digital Content or download the Digital Content have been made available to the Customer.

  • If the order cannot be fulfilled, the Seller will inform the Buyer of the situation by sending a message to the email address provided by the Buyer when placing the order. In the case of prior payment made by the Buyer for such an order, the Seller will refund the paid amount to the bank account from which the payment was made.

  • The Seller may introduce time limitations on access to a given Digital Content (e.g., access to the given Digital Content will only be possible for 3 months). In the case of introducing time limitations, the Seller clearly indicates to the Buyer for how long the Buyer will have access to the given Digital Content under the concluded Agreement.

  • The Seller is entitled to make changes to the Digital Content during the term of the Agreement, except for Digital Content that is provided in a one-time manner.

  • Changes to the Digital Content acquired by Consumers or Entrepreneurs on Consumer Rights may be made subject to the following requirements:

  • changes to the Digital Content may only be made for justified reasons;

  • changes to the Digital Content may not incur costs for the Consumer or Entrepreneurs on Consumer Rights.

  • The Seller will inform the Consumer or Entrepreneurs on Consumer Rights clearly and understandably about the changes being made.

  • Digital Content may, but is not required to, be accompanied by additional services, e.g., access to a support group related to the purchased Digital Content, an online meeting with the Seller or other individuals, participation in additional webinars, etc. All such services are ancillary to the Seller's main obligation.

8. LICENSE AND COPYRIGHT

  • The Buyer may use the Digital Content solely for their own purposes.

  • The Buyer is in no case entitled to share or sell the Digital Content or any of its adaptations under their own branding, to incorporate the Digital Content or its fragments into their own products or services that they provide or sell, and other similar profit-making activities using the Digital Content.

  • The Seller grants the Buyer a non-exclusive and non-transferable license, without the right to grant sublicenses to use the digital content or digital services. The Buyer is authorized to use them only for their own needs, without territorial restrictions, in the following fields of exploitation:

  • In terms of recording the work - recording using digital technology - preservation through digital processing,

  • Printing for personal use of materials in pdf, doc, and docx formats, if it results from the specifics of the provided Digital Content or Digital Services,

  • Recording using digital methods, modifications for personal needs within the scope specified in the relevant instructions or comments, e.g. on one's own hard drive or in recommended external programs.

  • The license referred to in paragraph 3 is valid for the duration of the Purchaser's access to Digital Content or Digital Services. The access period, and thus the duration of the license, is indicated in the description of the Digital Content or Digital Services, and unless stated otherwise, it is granted for 365 days from the date of the Order of the Digital Content. The remuneration for granting the license is included in the payment for the Digital Content or Digital Service made by the Purchaser (in the case of a paid service) or is free of charge.

  • It is particularly prohibited, both regarding the entirety of the Digital Content or Digital Services and their parts, without the express consent of the Service Provider:

  • sharing and presenting them to third parties,

  • publishing regardless of the form of publication, except for publication explicitly permitted by the Seller,

  • copying, duplicating for purposes other than personal use.

  • The Purchaser undertakes to exercise due diligence to ensure that the Digital Content or Digital Services are not disclosed to unauthorized persons/third parties.

  • The Seller hereby informs the Purchaser that any distribution of any Digital Content and Digital Services provided by the Seller constitutes a violation of the law and may result in civil or criminal liability. The Seller may also demand appropriate compensation or reparation for incurred material or immaterial losses in accordance with applicable regulations.

  • The Seller is entitled to periodically update the Digital Content or Digital Services in accordance with the provisions of the Regulations.

  • If the Purchaser wishes to use the Digital Content in their business or professional activity, they are obliged to contact the Seller for a license for the specific Digital Content by sending a message to the Seller's email address. To conclude such an agreement, the Purchaser should approach the Seller with a proposal for a licensing agreement, informing the Seller in particular about the purposes for which they intend to use the Digital Content and the expected duration of use.

  • Any violation of the provisions of the Licensing Agreement for Digital Content entitles the Service Provider to immediately terminate the Licensing Agreement by sending a statement of termination to the email address indicated by the Client on their Account.

9. RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  • According to Article 27 of the Consumer Act, both the Consumer and Entrepreneurs on Consumer Rights may withdraw from this agreement within 14 days without giving any reason, subject to the provisions indicated below.

  • If during the purchase the Consumer or Entrepreneur on consumer rights consented to the execution of the agreement and the delivery of Digital Content or Digital Services before the withdrawal period expires, they lose the right to withdraw from the agreement concluded with the Service Provider.

  • If the agreement concerns the provision of Electronic Services, and the Service Provider has fully performed the Electronic Service with the explicit consent of the Consumer or Entrepreneur on consumer rights, who was informed before the service began that after the performance of the service they lose the right to withdraw, then the right to withdraw will not be granted.

  • The Client does not have the right to withdraw from the Agreement without giving reasons, provided that the conditions specified in paragraphs 2 and 3 above have been met. Therefore, starting to use the Digital Content or Digital Services before the expiration of 14 days from the date of purchase results in the loss of the right to withdraw from the Agreement.

  • Withdrawal from the agreement occurs by informing the Service Provider of their decision by submitting a statement. Such a statement can be sent by traditional mail or electronically. The Client may use the template of the complaint form available below the regulations, but this is not mandatory.

  • To meet the withdrawal deadline, it is sufficient for the Consumer or Entrepreneur on consumer rights to send information regarding the exercise of their right to withdraw from the agreement before the specified withdrawal deadline.

  • In the event of withdrawal from the agreement, the Service Provider shall return all payments received from the Consumer or Entrepreneur on consumer rights.

  • The payment refund will be made using the same payment methods that the Consumer or Entrepreneur on consumer rights used in the original transaction, unless the Consumer or Entrepreneur on consumer rights has explicitly indicated an alternative solution.

  • The Consumer or Entrepreneur on consumer rights will not incur any fees related to the form of the payment refund.

10. NON-COMPLIANCE OF THE PRODUCT WITH THE CONTRACT

  • The service provider is liable to the Client if the Product is not in accordance with the contract. Details regarding the non-compliance of the Service or Digital Content with the contract are governed by the provisions of the Civil Code and the Act of May 30, 2014, on consumer rights, in relation to Consumers and Entrepreneurs on consumer rights.

  • In the event of identifying a non-compliance of the Content or Digital Service with the Agreement, the Client should contact the Service Provider (at the email address provided at the beginning of the Terms and Conditions or by mail), simultaneously specifying their claim related to the non-compliance of the Content or Digital Service with the Agreement.

  • If the Digital Content or Digital Service is not in accordance with the Agreement, the Consumer may demand that it be brought into compliance with the Agreement.

  • The Service Provider may refuse to bring the Digital Content or Digital Service into compliance with the contract if bringing it into compliance in the manner chosen by the Consumer is impossible or would require incurring excessive costs for the Service Provider.

  • In assessing the excessiveness of costs, all circumstances of the case are taken into account, in particular the significance of the lack of compliance of the Content or Digital Service with the contract and the value of the Content or Digital Service that complies with the Agreement.

  • The Service Provider brings the Content or Digital Service into compliance with the contract within a reasonable time from the moment the Service Provider was informed by the Consumer about the lack of compliance with the Agreement, and without excessive inconvenience to the Consumer, taking into account their nature and the purpose for which they are used. The costs of bringing the Digital Content or Digital Service into compliance with the Agreement are borne by the Service Provider.

  • If the Content or Digital Service is not in accordance with the Agreement, the Consumer may submit a declaration of price reduction or withdrawal from the Agreement when:

  • bringing it into compliance with the Agreement is impossible or requires excessive costs, according to points 4 and 5;

  • the Service Provider did not bring the Digital Content or Digital Service into compliance with the contract according to point 6;

  • the lack of compliance with the Agreement still exists, even though the entrepreneur attempted to bring the Digital Content or Digital Service into compliance with the Agreement;

  • it is clear from the declaration of the Service Provider or from the circumstances that they will not bring the Content or Digital Service into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.

  • The Service Provider will consider the complaint within a reasonable period of 14 days.

  • If the Client is a Consumer and has made appropriate requests to the Service Provider exercising their rights due to the non-compliance of the Product with the Agreement, and the Service Provider has not responded to this request within 14 calendar days, it is assumed that the request has been recognized as justified.

  • To expedite the handling of the complaint, it is recommended that the Client provide information and circumstances regarding the subject of the complaint in the description of the complaint, in particular the type and date of the occurrence of non-compliance with the contract and the contact details of the person filing the complaint. The recommendations provided in the previous sentence are only advisory and do not affect the effectiveness of complaints submitted without the recommended description.

  • If the Client is an Entrepreneur, the liability of the Service Provider under the warranty is excluded.

  • The Service Provider is responsible for the non-compliance with the contract of the Content or Digital Service delivered in a single instance or in parts, which existed at the time of delivery and revealed itself within two years from that moment. It is presumed that the non-compliance with the Agreement that revealed itself before the expiry of one year from the delivery of the Content or Digital Service existed at the time of delivery.

  • The Service Provider cannot invoke the expiry of the deadline for establishing the lack of compliance of the Content or Digital Service with the Agreement if this lack was fraudulently concealed.

  • The Service Provider is liable for the non-compliance with the contract of Digital Content or Digital Service delivered continuously, which occurred or revealed itself during the time when, according to the contract, they were to be delivered. It is presumed that the non-compliance with the contract occurred during this time if it revealed itself during that time.

  • The presumptions indicated in points 13 and 15 do not apply if:

  • the consumer's digital environment is not compatible with the technical requirements that the Service Provider clearly and understandably informed them about before concluding the Agreement.

  • The Consumer, informed in a clear and understandable manner before entering into the Agreement about the obligation to cooperate with the Service Provider, to a reasonable extent and using the least burdensome technical means, in order to determine whether the non-compliance of the Digital Content or Digital Service with the Agreement results from the characteristics of the Consumer's digital environment, does not fulfill this obligation in a timely manner.

  • The rights arising from the non-compliance of the Service or Digital Content with the agreement apply to Customers of the Store who are Consumers or Entrepreneurs on consumer rights.

  • The Entrepreneur on consumer rights accepts these Terms and Conditions and then exercises their rights. The Entrepreneur on consumer rights should complete the appropriate form regarding the non-compliance of the Content or Digital Service with the agreement, particularly the data confirming circumstances validating their status in accordance with Article 7a of the Consumer Rights Act or provide this information to the Service Provider in another manner.

  • The Entrepreneur on consumer rights declares in the form submitted to the Service Provider that the concluded Agreement is directly related to their business activity, but does not have a professional character, particularly arising from the subject of the business activity performed.

11. PERSONAL DATA PROTECTION AND COOKIES

  • In accordance with Article 13, paragraph 1 and paragraph 2 of the GDPR and the Act of May 10, 2018, on the protection of personal data, I inform you that:

  • The administrator of the Customer's personal data is Anna Mossakowska, the company Sicilia Vegana di Mossakowska Anna Maria, via Giuseppe Bianca 62, 96012 Avola, Italy, VAT number 02151550890, referred to in the Terms and Conditions also as the Seller or Service Provider.

  • Contact with the Administrator can be made using the following data: email: sklep@weganskasycylia.pl or in writing to the Administrator's address.

  • The personal data of the Customer provided by the Customer will be processed based on the contract concluded between the Customer and the Administrator, which is concluded as a result of acceptance, based on Article 6, paragraph 1, letter b of the GDPR (necessity for the conclusion and/or performance of the contract). This is necessary for the execution of this contract and then maintaining the Customer's Account and Customer service related to the concluded contract.

  • The personal data of the Customer may also be processed for the following purposes and on the following legal bases:

  • analyzing data collected automatically while using the website – based on Article 6, paragraph 1, letter f of the GDPR (legitimate interest of the Administrator);

  • issuing invoices and fulfilling other obligations arising from tax law – based on Article 6, paragraph 1, letter c of the GDPR (obligation arising from legal provisions);

  • considering complaints or claims – based on Article 6, paragraph 1, letter b of the GDPR (necessity for the conclusion and/or performance of the contract);

  • determining, pursuing, or defending against claims – based on Article 6, paragraph 1, letter f) of the GDPR (legitimate interest of the administrator);

  • telephone contact regarding issues related to the implementation of the service/complaint – based on Article 6, paragraph 1, letter b of the GDPR (necessity for the conclusion and/or performance of the contract);

  • creating records and documentation related to the GDPR – based on Article 6, paragraph 1, letter c) of the GDPR (obligation arising from legal provisions) and Article 6, paragraph 1, letter f of the GDPR (legitimate interest of the administrator);

  • archival and evidential purposes, to secure information that may serve to demonstrate facts – based on Article 6, paragraph 1, letter f) of the GDPR (legitimate interest of the administrator);

  • use of cookies on the site – based on Article 6, paragraph 1, letter a of the GDPR (Consent)

  • Providing personal data is voluntary, but necessary for the purposes related to the execution of the contract and the realization of the legally justified interests of the Administrator. Not providing them will result in the impossibility of concluding and executing the Agreement.

  • The Customer's personal data will be processed for the duration of the contract execution and also for the period of securing any claims in accordance with generally applicable legal provisions. They will then be deleted unless the Customer decides to use the Administrator's services and retains them on another basis and for the specified purpose.

  • The Customer's personal data will be made available to other data recipients, such as: Accounting, services providing IT system maintenance and hosting, email service provider, law office, subcontractors and contractors involved in the work of the online store, etc.

  • Due to the fact that the Administrator uses external service providers such as Meta Platforms Ireland Limited (Facebook and its subsidiaries), Google, Microsoft, etc., Client data may be transferred to the United States of America (USA) for storage on American servers (in whole or in part). Google and Meta Platforms Ireland Limited (Facebook and its subsidiaries) apply compliance mechanisms provided by GDPR (e.g., certifications) or standard contractual clauses. They will only be transferred to recipients who guarantee the highest protection and security of data, among other things, through:

  • cooperation with entities processing personal data in countries for which a relevant decision has been issued by the European Commission,

  • the use of standard contractual clauses issued by the European Commission (as is the case, for example, with Google),

  • the application of binding corporate rules approved by the relevant supervisory authority or those to which the Client has consented to the transfer of personal data.

  • The Client has the right to access the content of their data, to correct, rectify, delete or limit processing, the right to object to processing, the right to data portability, the right to request access to data, and the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office, if they believe that the processing of their data is inconsistent with currently applicable data protection regulations. They also have the right to be forgotten if further processing is not provided for by currently applicable regulations.

  • The Client also has the right to withdraw consent at any time if they provided their personal data based on consent. Withdrawal of consent does not affect the processing of data carried out based on consent before its withdrawal.

  • Client data will not be processed in an automated manner, including profiling as understood by GDPR, which means that the Administrator will not make automatic decisions that affect the rights and freedoms of the Client.

  • The Administrator takes technical and organizational measures appropriate to the level of security risk of the services provided, in particular measures aimed at preventing the acquisition and modification of personal data by unauthorized persons.

  • Detailed rules for collecting, processing, and storing personal data used for the fulfillment of orders, as well as the cookie policy, are described in the Privacy Policy.

12. ALTERNATIVE DISPUTE RESOLUTION METHODS

AND CLAIMS

  • The Seller agrees to submit any disputes arising in connection with the sale of Digital Content to mediation. Details will be determined by the parties to the conflict.

  • The consumer has the option to use alternative dispute resolution methods for handling complaints and pursuing claims. The consumer has the option, among others, to:

  • apply to a permanent consumer arbitration court with a request to resolve a dispute arising from the concluded agreement,

  • apply to the provincial inspector of the Trade Inspection with a request to initiate mediation proceedings for amicable resolution of the dispute between the Client and the Seller,

  • make free use of the assistance of the county (municipal) consumer rights advocate or a social organization whose statutory tasks include consumer protection (e.g., the Federation of Consumers, the Association of Polish Consumers).

  • Detailed information on alternative dispute resolution methods for handling complaints and pursuing claims can be found on the website http://www.uokik.gov.pl and at the offices and websites of county (municipal) consumer advocates, social organizations whose statutory tasks include consumer protection, or Provincial Inspectorates of the Trade Inspection.

  • The consumer can also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform serves to resolve disputes between consumers and entrepreneurs seeking an out-of-court resolution of disputes concerning contractual obligations arising from online sales agreements or service agreements.

  • The case can be considered by an arbitration court only after the complaint procedure has been completed and if both parties to the dispute agree to it. In other cases, any disputes will be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure and general jurisdiction.

13. DEFINITIONS, PROCEDURES, OBLIGATIONS, AND RIGHTS RELATED TO DSA

  • This paragraph of the Regulations specifies information regarding any restrictions imposed by the Administrator in connection with the use of its services, concerning information provided by the service Recipients, including but not limited to: information about all policies, procedures, measures, and tools used for content moderation, including information about algorithmic decision-making and human review, as well as information about the internal regulations of the complaint handling system, any significant changes to the terms of service, and mechanisms for reporting Illegal Content. The Administrator provides the aforementioned information and terms of use of the Service in a clear and understandable manner, including for underage recipients. The Administrator designs, organizes, and operates its websites (and interfaces) in a way that does not mislead Users or manipulate them, or in any other significant way disrupt or limit Users' ability to make free and informed decisions.

  • The Administrator is a provider of intermediary Services within the meaning of the DSA, offering services: ordinary transmission, caching hosting.

  • The intermediary services provided by the Administrator consist of enabling service Recipients to post Content within the Service, such as: comments, opinions, and ratings, creating public notes within an online course, sending messages in a publicly available chat.

  • The Administrator also provides intermediary Services through its profiles available on Social Media, namely on Instagram: instagram.com/weganska_sycylia and instagram.com/sicilia_vegana, Facebook: facebook.com/weganskasycylia, including Facebook groups managed by the Administrator by, among other things: allowing Users to leave comments on posted posts, adding posts, adding ratings and opinions, adding messages in the public chat, and other forms of interaction allowing for the posting of Content available on the aforementioned platforms.

  • The definitions used in the content of this paragraph and the Regulations mean:

  • Administrator - Seller, according to the definition contained in §1 of the Regulations, as well as an entrepreneur, i.e. a natural or legal person, regardless of whether it is a public or private entity, acting - including through a person acting on its behalf or for its benefit - for purposes related to its commercial, economic, craft, or professional activities, providing services referred to in these regulations, including information society services within the Service.

  • Service Recipient – Client or User or person using intermediary services or other information society services provided by the Administrator, including, for example, the Store, Service, or Social Media of the Administrator, particularly for the purpose of seeking information or sharing it.

  • Content - all information provided by the User in any form within the Store, Service, Social Media, or other platforms and places owned or moderated by the Administrator, particularly within the Page or Store or functionalities made available to the User in these places.

  • Illegal Content - means information that, by itself or by reference to an act, including the sale of Goods, Digital Services, or Digital Content or the provision of services, is not in accordance with the law of the Union or the law of any member state that is in accordance with Union law, regardless of the specific subject or nature of that law.

  • Content Moderation - means actions, whether automated or undertaken by the Administrator or its cooperating providers of intermediary services, aimed at, in particular, detecting, identifying, and combating illegal content or information that does not comply with the terms of use of their services, provided by service Recipients, including implemented measures that affect the availability, visibility, and accessibility of such illegal content or information, such as demotion of such content or information, demonetization, preventing access to it or its removal, or that affect the possibility of transmitting such information by service recipients, such as closing or suspending the recipient's account.

  • "Intermediary service - means one of the following information society services provided by the Administrator: the 'ordinary transmission' service consisting of the transmission in a telecommunications network of information transmitted by the service Recipient or ensuring access to the telecommunications network; the 'caching' service consisting of the transmission in a telecommunications network of information transmitted by the service Recipient, involving automatic, intermediate, and short-term storage of that information, carried out solely for the purpose of facilitating the subsequent transmission of information at the request of other recipients; the 'hosting' service consisting of storing information transmitted by the service Recipient and at their request."

  • "Internet platform - means a hosting service that stores and publicly disseminates information at the request of the service Recipient, unless such action is an insignificant or merely ancillary feature of another service or an insignificant function of the main service, and for objective and technical reasons cannot be used without such another service, and including such a feature or function in such another service does not constitute a means of circumventing the application of the DSA."

  • "Public dissemination - means making information available at the request of the service Recipient who transmitted the information, potentially to an unlimited number of third parties."

  • "Social media - social platforms through which the Administrator creates additional communication channels with the User or Recipient of the information or content provided by them, whether within the Order, in the context of publishing content publicly available to a wide audience, or in other forms of contact with the content Recipient, including contact related to commercial offers, particularly concerning: private or public social groups, channels on social media platforms, public accounts as mentioned in the Privacy Policy, so-called fan pages, communication channels within these social media platforms, etc."

 

  • "Contact point: The Administrator designates the following single contact point enabling direct communication - electronically - with the authorities of the member states, the Commission, and the Digital Services Council, via the email address: sklep@weganskasycylia.pl, or by phone at: +39 3762265103. Communication can take place in Polish."

  • "The Administrator designates the following single contact point enabling service Recipients to communicate directly - electronically - with the Administrator via the email address: sklep@weganskasycylia.pl or by phone at: +393762265103. Communication can take place in Polish."

  • "Illegal content and content not compliant with the Administrator's terms of service: The User may not post within the Service, Internet Platform, or Social Media of the Administrator any Illegal Content or content that violates the Regulations, content containing profanity, hate speech against third parties, spam, content contrary to good morals, particularly containing offensive material or violating religious feelings, personal rights of third parties, or showing a lack of respect in accordance with generally accepted social norms and principles of social coexistence, racist content, vulgar content, promoting violence, containing pornographic, fascist, discriminatory content, with sexual undertones, inappropriate for minor users, etc., content violating the rights of third parties, e.g., copyright or intellectual property rights or aiming to disclose trade secrets or other confidential information, content containing links to other websites (links), entities other than the Service, competing websites or online stores that the Administrator has not previously approved, particularly advertising links, marketing links, regarding fundraising, or other links of a commercial nature, content calling for and advertising other services, platforms, social media, etc. Content unrelated to the given Goods or Service or any action of the Administrator or the Service, or content unrelated to the theme of the Administrator's Service or Social Media, content containing personal or contact data, repetitive content that has already appeared in the Administrator's Service or Social Media (the User is obliged to verify before publishing content whether it will not be a copy of existing content), technical content, inquiries related to customer service regarding products or services of the Administrator (for this purpose, the User should contact the details included in the Regulations)."

  • Procedure for reporting Illegal Content, appeals procedure, and Content Moderation: A User who considers a given Content to be Illegal Content or Content violating these terms of service is entitled to report this Content to the Administrator electronically at the email address provided in the Terms of Service, indicating the location where the Administrator can review the aforementioned Content and any necessary details for processing the report, including the contact information of the User and involved third parties (if possible).

  • If the User reporting the Content does not provide contact information, the Administrator will not be able to contact the User to inform them of the receipt of the report and the outcome of the report's consideration.

  • The Administrator will promptly notify the User of the receipt of the report concerning the Content.

  • The Administrator makes decisions regarding the report within no longer than 14 days from the date of receipt of the report, in a non-arbitrary, objective manner, and with due diligence. For the purpose of reviewing and making decisions, the Seller does not use/uses automated means.

  • The Administrator will inform the User of the outcome of the decision regarding the report, its content, and justification without unnecessary delay.

  • In the event of Illegal Content or Content that violates the Terms of Service, the Administrator may remove it, limit its visibility, prevent access to it, de-index it, or leave it on the Service. They may also suspend, terminate, or otherwise restrict monetary payments, if such occur in the Service, suspend or terminate the provision of services in whole or in part, or suspend or close the User's or third party's account. At the same time, they inform the User and involved third parties of their decision by providing clear and specific justification for the decision (if they have their contact information).

  • The User may appeal the Administrator's decision within 14 days from the date of receiving the decision, providing justification at the same time.

  • The Administrator reviews the User's appeal within 14 days from the date of its receipt, providing them with their decision along with justification.

  • Administrator's liability for User Content: The Administrator is not liable for User Content, particularly Illegal Content left within the Service or online Platform, if the actions of the User are contrary to the Terms of Service or applicable law. The Administrator makes every effort to handle such Content in accordance with applicable law and the Terms of Service, including not modifying Content in a way that affects the integrity of the transmitted or shared information, not facilitating the posting of Illegal Content, promptly taking action to remove it or prevent access to it in accordance with the Terms of Service while respecting Users' fundamental rights, including the right to freedom of expression and information, as well as taking all actions in good faith and with due diligence.

  • Algorithmic decision-making: There is no algorithmic decision-making within the Service, including decisions related to User appeals.

  • Cooperation with public authorities regarding notifications of Illegal Content: If the Administrator becomes aware of any information giving rise to suspicion that a crime threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, they immediately inform law enforcement or judicial authorities of the relevant member state or states and provide all available information on the matter.

  • Providing information to the digital services coordinator: The Administrator provides the digital services coordinator responsible for the location of their headquarters and the Commission – upon their request and without undue delay – with information about the average number of active monthly users of the service in the Union, calculated as the average number over the previous six months, updated at the time of such request submission. The digital services coordinator or Commission may request that the Administrator provide additional information regarding the calculation, including explanations and justifications regarding the data used. This information may not contain personal data. Termination of the use of the Administrator's services.

  • Termination of the Administrator's services: The User is entitled to terminate the use of the Administrator's services at any time. To do this, they may use the available methods to terminate the services, such as automatically clicking on specific buttons that allow account deletion or unsubscribing from a given service, stopping following the Administrator's Social Media, or by deleting the Content they have posted, as well as contacting the Seller using the details provided in these regulations. This provision does not affect the Administrator's obligations and rights arising from other generally applicable laws and the further retention of data, including personal data, particularly for the purposes indicated in the Privacy Policy, as arising from the GDPR or other regulations.

  • Changes to the rules for using the Administrator's services: The Administrator will promptly inform the User of significant changes made to the terms of use of the Administrator's services by appropriate means, including in the event of changes to the rules regarding information allowed about their services or other such changes that may directly affect the ability of Recipients to use the service, including changes referred to in § 9 of these regulations.

14. FINAL PROVISIONS

  • Contracts concluded through the Service and the services provided are executed in Polish and based on the provisions of Polish law.

  • The Seller reserves the right to make changes to the Regulations. The regulations in force at the time of the contract conclusion apply to contracts concluded before the change of the Regulations.

  • These Regulations are effective from the date of publication on the Store's website.

  • These Regulations have been prepared based on Polish law. In matters not regulated by these Regulations, the provisions of Polish law apply, including the Civil Code, the Consumer Rights Act, or other laws applicable to the operation and functioning of the online store, in force in the territory of the Republic of Poland.

  • The provisions of the Regulations do not exclude the possibility for Clients to invoke absolutely binding legal provisions regulating the protection of consumer rights.

  • The provisions of these Regulations do not exclude taking legal action provided for in generally applicable legal provisions against persons violating the terms of the license and copyright.

  • Resolution of any disputes between the Seller and a Client who is not a consumer within the meaning of Article 221 of the Civil Code shall be subject to the court competent due to the Seller's registered office.

Vegan Sicily by Mossakowska Anna Maria

VAT Number 02151550890

Contact

+39 3762265103

vegiamo.sicilia@gmail.com

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