Terms and Conditions of the Strefa Kostek Shop

§ 1 Definitions

For the purposes of these Terms and Conditions, the following terms have the meanings set out below:

Administrator – STREFA KOSTEK SPÓŁKA CYWILNA (civil partnership), ul. Zemborzycka 59F, 20-445 Lublin, Poland, NIP (Tax ID): 9462666962, REGON: 366472356, e-mail: sklep@strefa-kostek.pl, phone number: 795937299.
Consumer – a natural person who concludes an agreement with the Administrator that is not directly related to their business or professional activity; a Consumer is also a User.
POCK– a natural person who concludes an agreement with the Administrator directly related to their business activity, where the content of that agreement shows that it is not of a professional nature for that person, resulting in particular from the subject of their business activity as disclosed under the provisions on the Central Register and Information on Economic Activity (CEIDG); a POCK is also a User.
Terms and Conditions – these terms and conditions.
Website – the website operating at https://strefa-kostek.pl/.
User Content – information provided by the User for the purpose of being stored, at the User's request, in the Website's IT system, or for the purpose of being published on the Website.
User – a natural person, a legal person or an organisational unit without legal personality.

§ 2 Preliminary provisions

Through the Website, the Administrator conducts online sales and at the same time provides electronic services to the User. Through the Website, the User can purchase the goods displayed on the Website.
The Terms and Conditions set out the rules and conditions for using the Website, as well as the rights and obligations of the Administrator and the User.
Using the Website, including in particular making a purchase on the Website, does not require the User's computer hardware or software to meet any special technical requirements. The following are sufficient:

Internet access,
a standard, up-to-date operating system,
a standard, up-to-date web browser with cookies enabled,
an active e-mail address.

All prices shown on the Website are gross prices.
When announcing a price reduction for goods, digital content or a service, the Administrator also displays the lowest price of those goods, digital content or service that applied during the 30 days before the reduction was introduced.
The Administrator has designated an electronic point of contact related to the Website for direct communication with the authorities of Member States, the Commission and the European Board for Digital Services: sklep@strefa-kostek.pl. The same point of contact may be used by the User for direct and fast communication with the Administrator. Communication may be conducted in Polish or English.

§ 3 Electronic services

Through the Website, the Administrator provides the User with electronic services that consist of enabling the User to:

browse the content of the Website
register a user account and use the user account
place an order and conclude an agreement
subscribe to the newsletter
publish reviews
publish comments on publicly available content (e.g. comments under articles available to everyone)

The services referred to above are provided electronically to the User free of charge. Sales agreements concluded through the Website, however, are subject to payment.
To ensure the security of the User and of data transmission in connection with the use of the Website, the Administrator takes technical and organisational measures appropriate to the level of security risk of the services provided, in particular measures to prevent unauthorised persons from obtaining and modifying personal data.
The Administrator takes steps to ensure that the Website functions fully correctly. The User should inform the Administrator of any irregularities or interruptions in the functioning of the Website.
The User may submit any complaints related to the functioning of the Website by e-mail to sklep@strefa-kostek.pl. In the complaint, the User should specify the type and date of the irregularity related to the functioning of the Website. The Administrator handles all complaints within 14 days of receipt and informs the User of the outcome to the e-mail address of the person submitting the complaint.

§ 4 Website content

The Website contains content such as texts, photos, graphics, audio recordings and videos.
Publicly available content of the Website can be browsed anonymously, i.e. without providing personal data.
The content of the Website is protected by copyright.

§ 5 User account

To register a user account, you need to complete and submit the registration form available on the Website, or express your wish to register a user account by ticking the appropriate checkbox in the order form.
Registering a user account requires providing the personal data necessary for this purpose.
The user account is assigned to the e-mail address provided by the User.
The user account stores information about the User, including the history of orders placed on the Website.
The User logs in to the user account using the e-mail address assigned to the user account (login) and a password they have set. The User is obliged to protect the user account against access by unauthorised persons and not to share the login and password with third parties.
The User may delete the user account at any time. If the User cannot find the relevant option after logging in to the user account, they should contact the Administrator about this by e-mail.

§ 6 Placing an order

An order is placed by completing the order form after adding the goods the User is interested in to the cart. The form requires the data necessary to process the order. While placing the order, the User also chooses the delivery method for the ordered goods and the payment method. Accepting the Terms and Conditions, which the User should read beforehand, is a condition of placing an order. If you have any doubts about the Terms and Conditions, you can contact the Administrator.
The User must provide true personal data in the order form. The User is responsible for providing false personal data. The Administrator reserves the right to suspend processing of the order if the User has provided false data or if the Administrator has reasonable doubts about the accuracy of the data. In such a case, the User will be informed of the Administrator's doubts by phone or e-mail. The User then has the right to explain all circumstances related to verifying the accuracy of the data provided. If there is no data allowing the Administrator to contact the User, the Administrator will provide all explanations once the User makes contact.
The User declares that all data provided in the order form is true, while the Administrator is not obliged to verify its truthfulness and accuracy, although it has the right to do so in accordance with the previous provision.
The ordering process ends by clicking the button that finalises the order.
If the User selected online payment when placing the order, after clicking the button that finalises the order they will be redirected to a payment gateway operated by an external payment operator to pay for the order. If the User selected payment by bank transfer, after clicking the button that finalises the order they will be redirected to a Website page with the order confirmation and payment instructions. Payment for the order should be made within 7 days of placing it.
Placing an order results in the conclusion of an agreement between the User and the Administrator. The type of agreement depends on the subject of the order. When goods are ordered, a sales agreement is concluded. If the order concerns different goods, digital content or services, placing the order results in the conclusion of several different agreements.

§ 7 Pre-orders

The Administrator may offer pre-orders for certain goods or digital content.
Pre-orders may come with certain benefits, e.g. in terms of price, compared with the regular sale that follows the pre-order period.
With a pre-order, the order is not processed immediately after it is placed, but after the period set by the Administrator and stated in the description of the goods or digital content available for pre-order.
Even though the order is processed later, the User pays immediately after placing the order.
The date on which a pre-order will be processed may change for important reasons, such as delays on the part of the Administrator's subcontractors, unforeseen limitations in the availability of resources necessary to process the order, force majeure, etc. The Administrator informs the User of any change of date. If the User does not agree to the change of date, they may cancel the order - in this case the Administrator refunds the payment for the order. The refund will be made using the same payment methods that the User used in the original transaction.

§ 8 Vouchers

The Administrator may sell vouchers on the Website.
A voucher is a unique code that can only be used on the Website as a form of payment when placing an order for goods, digital content or services, by entering the unique code in the field provided for this purpose in the order form.
Each voucher has an expiry date and a gross face value. The validity and value of the voucher are specified in its description on the Website.
A voucher cannot be exchanged for cash, either in whole or in part.
A voucher can be used only once. If the amount payable for the order is lower than the value of the Voucher, the Administrator does not refund the difference to the User. If the amount payable for the order is higher than the value of the Voucher, the User pays the difference.
For physical vouchers, the provisions of the Terms and Conditions concerning orders for goods apply accordingly to order processing (the voucher containing the unique code referred to above is sent to the address provided by the User). For electronic vouchers, the User receives the unique code referred to above at their e-mail address.

§ 9 Delivery and payment

The available delivery methods for orders containing goods are described on the Website and are presented to the User when placing the order. The cost of delivery is borne by the User, unless the Administrator states otherwise on the Website. The Administrator has the right to decide to split the order into several separate shipments at no additional cost to the User.
The available payment methods are described on the Website and are presented to the User when placing the order.
Electronic payments, including card payments, are handled by:

the tPay payment system, operated by Krajowy Integrator Płatności S.A., based in Poznań
the PayPal payment system, operated by PayPal (Europe) S.à r.l. et Cie, S.C.A., based in Luxembourg
the Przelewy24 payment system, operated by PayPro SA, based in Poznań
the Blue Media payment system, operated by Blue Media S.A., based in Sopot

If the User has requested an invoice, it will be delivered electronically to the e-mail address provided in the order form.
In some cases, the Administrator may offer the User the option of paying in instalments. In such a case, the number, amount and due dates of the instalments are set out in the payment schedule presented to the User before concluding the agreement, in particular on the Website. Payment in instalments may require setting up an automatic recurring payment for each instalment. Automatic recurring payment is only possible with a payment card, which requires providing the payment information required by the payment operator. With automatic recurring payment, the bank account linked to the payment card used is automatically charged with the amount of the instalment. The User cannot disable the automatic recurring payment. The automatic recurring payment is automatically disabled after the last instalment is paid. If a payment within the automatic recurring payment is declined, further attempts to process the payment are made in accordance with the rules or capabilities of the payment operator. If these attempts fail, the automatic recurring payment is cancelled and the User is obliged to pay the instalment in another way.

§ 10 Order processing

Processing an order containing goods consists of collecting the ordered goods, packing them for delivery to the User and sending the shipment to the User in accordance with the delivery method selected by the User.
The order is considered fulfilled when the shipment is sent to the User (handed over to a carrier). The exact delivery date is determined by the carrier. Delivery and handover of the shipment take place according to the rules applied by the carrier. The User should inspect the shipment at the time and in the manner customary for the given type of shipment and, if any loss of or damage to the goods in the shipment is found, take all steps necessary to establish the carrier's liability, e.g. have a damage report drawn up.
The order processing time is always shown for each product. The ordered goods should be delivered to the Consumer within 30 days, unless a longer period has been clearly indicated by the Administrator in the product description. In such a case, by placing the order the User agrees to the longer processing time stated in the product description.
If the User orders goods with different processing times, the processing time binding on the Administrator for the whole order is the longest of all the goods in the order; however, the Administrator may propose splitting the order into several independent shipments to speed up delivery of some of the goods.

§ 11 Withdrawal from the agreement

A Consumer or a POCK who has concluded a distance agreement with the Administrator has the right to withdraw from the agreement without giving any reason within 14 days from the day of:
- taking possession of the goods (in the case of a sales agreement),
- concluding the agreement (in the case of an agreement other than a sales agreement).
To withdraw from the agreement, the Consumer or POCK must inform the Administrator of their decision to withdraw by means of an unequivocal statement - for example, a letter sent by post, fax or e-mail.
The Consumer or POCK may use the model withdrawal form available at https://app.bezpieczny.biz/documents/[bezpieczny.biz]-formularz-odstapienia-od-umowy.doc but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Consumer or POCK to send the communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
The Consumer or POCK must return the goods to the Administrator or hand them over to a person authorised by the Administrator to collect them without undue delay, and in any event no later than 14 days from the day on which they withdrew from the agreement, unless the Administrator has offered to collect the goods itself. The deadline is met if the goods are sent back before it expires.
The Consumer or POCK bears the direct cost of returning the goods.
In the event of withdrawal from the agreement, the Administrator refunds to the Consumer or POCK all payments received from them, including the cost of the cheapest delivery method available on the Website (if this cost was paid by the Consumer or POCK), without undue delay and in any event no later than 14 days from the day on which the Administrator was informed of the exercise of the right of withdrawal. The refund will be made using the same payment methods that the Consumer or POCK used in the original transaction, unless the Consumer or POCK has expressly agreed otherwise. In any case, the Consumer or POCK will not incur any fees as a result of the refund method.
If the Administrator has not offered to collect the goods from the Consumer or POCK itself, it may withhold the refund until it has received the goods back or until the Consumer or POCK has supplied proof of having sent them back, whichever is earlier.
The Consumer or POCK is liable for any diminished value of the goods resulting from handling them beyond what is necessary to establish the nature, characteristics and functioning of the goods.

§ 12 Administrator's liability

The statutory warranty for defects (rękojmia) referred to in the Polish Civil Code is excluded in relation to Users other than Consumers or POCKs. For Consumers or POCKs, liability for the conformity of goods or digital content with the agreement is governed by the provisions of the Polish Consumer Rights Act.
The Administrator is obliged to deliver goods free from defects to the Consumer or POCK.
The conformity of goods or digital content with the agreement is assessed in accordance with the provisions of the Consumer Rights Act.
The rights of the Consumer or POCK in the event of non-conformity of goods or digital content with the agreement, and the manner of exercising them, are set out in the mandatory provisions of the Consumer Rights Act. In the interest of Consumers and POCKs, the Administrator has prepared an extract from these provisions, which forms Appendix No. 1 to the Terms and Conditions.
To make it easier for the Consumer or POCK to exercise their rights related to the non-conformity of goods or digital content with the agreement, the Administrator has prepared a model complaint form that the Consumer or POCK may use. The form is available at https://app.bezpieczny.biz/documents/[bezpieczny.biz]-formularz-reklamacyjny.doc
The Administrator will respond to the complaint within 14 days of receiving it, using the same means of communication through which the complaint was submitted.

§ 13 Reviews

The User may publish reviews on the Website of goods, digital content or services that the User has purchased or used.
A published review is visible to all Users.
Publishing a review requires providing the personal data necessary for this purpose.
The Administrator ensures that published reviews come from Users who have used or purchased the given goods, digital content or service. Details are described in separate review terms published on the Website.
Reviews are User Content, to which Appendix No. 2 to the Terms and Conditions applies.

§ 14 Comments on publicly available content

The User may publish comments on publicly available content on the Website.
A published comment is visible to all Users.
Publishing a comment requires providing the personal data necessary for this purpose.
Comments are User Content, to which Appendix No. 2 to the Terms and Conditions applies.

§ 15 Newsletter

The User may subscribe to the newsletter containing information about new arrivals, promotions, products or services related to the Website.
The newsletter is sent to the e-mail address provided by the User.
Subscribing to the newsletter requires providing the personal data necessary for this purpose.
The User may unsubscribe from the newsletter at any time by clicking the unsubscribe link included in every newsletter message or by contacting the Administrator directly.
The Administrator decides on the frequency of the newsletter at its own discretion.
The Administrator may stop sending the newsletter at any time.
If the User is offered digital content in exchange for subscribing to the newsletter (e.g. subscribe to the newsletter to receive an ebook), the subscription is subject to additional terms published on the Website.

§ 16 Prohibited use of the Website

The User is obliged to use the Website in accordance with the law, the Terms and Conditions and good practice. In particular, the following are prohibited:
- using the Website in a manner inconsistent with its nature and purpose, in particular in a way that prevents or disrupts the use of the Website by other Users
- using the Website in a manner that compromises the integrity of the Website's IT system
- using the Website to send unsolicited commercial information or other spam
- impersonating any third party when using the Website
- infringing, in connection with the use of the Website, the intellectual property rights of the Administrator or third parties, in particular by sharing purchased digital content with unauthorised persons or using purchased digital content in breach of the rules set out in the Terms and Conditions
- sharing user account login details, including the login and password, with third parties
- taking actions aimed at obtaining access data, including logins and passwords, of other Users
- attempting to gain access to digital content by deception, by circumventing security measures or by avoiding payment

submitting User Content that breaches the rules described in Appendix No. 2 to the Terms and Conditions

If the User uses the Website in a manner contrary to the law, the Terms and Conditions or good practice, the Administrator may block the User's access to the user account or other Website features, temporarily (for up to 30 days) or permanently.
Whether the block is temporary or permanent depends on the circumstances of the case and the seriousness of the violation committed by the User while using the Website. When making this choice, the Administrator acts with due diligence, objectively and proportionately, and with due regard for the rights and legitimate interests of all parties involved.
If the Administrator knows the User's electronic contact details, the Administrator delivers the decision to apply the block to the User. The decision includes a statement of reasons.
The User may appeal against the Administrator's decision within 14 days of its delivery. The appeal should include a comprehensive explanation of why the User considers the decision to be wrong.
The Administrator handles appeals within 14 days and informs the User of the outcome.
Access to the user account or other Website features can only be restored if the User provides comprehensive and truthful explanations and stops the violations that led to the block. If the User's violations have had any consequences, an additional condition for lifting the block is the removal of those consequences.

§ 17 Personal data and cookies

The rules for processing personal data and using cookies are described in the privacy policy published on the Website.

§ 18 Intellectual property rights

The Administrator hereby informs the User that digital content, content available on the Website and elements of goods (e.g. graphic designs) may constitute works within the meaning of the Polish Act of 4 February 1994 on Copyright and Related Rights, the copyright to which belongs to the Administrator or other rights holders.
The Administrator hereby informs the User that further distribution of copyrighted content by the User without the consent of the Administrator or another rights holder, except for permitted personal use, constitutes copyright infringement and may result in civil or criminal liability.
If the User wishes to use copyrighted content beyond the limits of permitted personal use, the Administrator may grant a licence on individually agreed terms.

§ 19 Out-of-court complaint handling and redress

The Administrator agrees to submit any disputes arising in connection with concluded agreements to mediation. The details will be determined by the parties to the dispute.
The Consumer may use out-of-court methods of handling complaints and pursuing claims. Among other things, the Consumer may:
- apply to a permanent consumer arbitration court to settle a dispute arising from the concluded agreement,
- apply to the provincial inspector of the Trade Inspection (Inspekcja Handlowa) to initiate mediation proceedings to settle the dispute between the User and the Administrator amicably,
- seek assistance from a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection.
More detailed information on out-of-court methods of handling complaints and pursuing claims can be found at http://polubowne.uokik.gov.pl.
The Consumer may also use the ODR platform available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking an out-of-court settlement of disputes concerning contractual obligations arising from online sales or service agreements.

§ 20 Final provisions

The Administrator reserves the right to introduce and withdraw offers and promotions and to change prices on the Website without prejudice to rights acquired by the User, including in particular the terms of agreements concluded before the change.
The Administrator reserves the right to amend the Terms and Conditions for important reasons, such as changes in legislation, technological changes or business changes.
Sales agreements, agreements for paid services and agreements for the supply of digital content concluded before an amendment of the Terms and Conditions are governed by the Terms and Conditions in force at the time the agreement was concluded.
In the case of electronic services, if the User does not accept an amendment to the Terms and Conditions, they may stop using the electronic services at no cost, e.g. delete the user account, unsubscribe from the newsletter or stop browsing the Website.
Any disputes related to agreements concluded through the Website will be settled by the Polish common court competent for the registered office or permanent place of business of the Administrator. This provision does not apply to Consumers and POCKs, for whom court jurisdiction is determined according to general rules.
These Terms and Conditions are effective from 2024-07-08
All archived versions of the Terms and Conditions can be downloaded in .pdf format – the links are below the Terms and Conditions.

Appendix No. 1 - extract from the provisions of the Consumer Rights Act

Rights of the Consumer / POCK in the event of non-conformity of goods with the agreement

Art. 43d [Repair or replacement]

If the goods do not conform to the agreement, the consumer may demand their repair or replacement.
The trader may replace the goods when the consumer demands repair, or repair them when the consumer demands replacement, if bringing the goods into conformity with the agreement in the manner chosen by the consumer is impossible or would involve excessive costs for the trader. If both repair and replacement are impossible or would involve excessive costs for the trader, the trader may refuse to bring the goods into conformity with the agreement.
When assessing whether the costs for the trader are excessive, all circumstances of the case are taken into account, in particular the significance of the non-conformity, the value of the goods if they conformed to the agreement, and any significant inconvenience to the consumer caused by changing the method of bringing the goods into conformity.
The trader carries out the repair or replacement within a reasonable time from the moment the consumer informed them of the non-conformity, and without significant inconvenience to the consumer, taking into account the nature of the goods and the purpose for which the consumer acquired them. The costs of repair or replacement, including in particular postage, transport, labour and materials, are borne by the trader.
The consumer makes the goods to be repaired or replaced available to the trader. The trader collects the goods from the consumer at its own expense.
If the goods were installed before the non-conformity became apparent, the trader removes the goods and reinstalls them after repair or replacement, or has these activities carried out at its own expense.
The consumer is not obliged to pay for normal use of goods that were subsequently replaced.

Art. 43e [Statement of price reduction or withdrawal from the agreement]

If the goods do not conform to the agreement, the consumer may submit a statement of price reduction or withdrawal from the agreement when:

the trader has refused to bring the goods into conformity with the agreement in accordance with Art. 43d(2);
the trader has not brought the goods into conformity with the agreement in accordance with Art. 43d(4)-(6);
the non-conformity persists even though the trader has tried to bring the goods into conformity with the agreement;
the non-conformity is so significant that it justifies a price reduction or withdrawal from the agreement without first using the remedies specified in Art. 43d;
it is clear from the trader's statement or the circumstances that the trader will not bring the goods into conformity with the agreement within a reasonable time or without significant inconvenience to the consumer.

The reduced price must be in the same proportion to the contract price as the value of the non-conforming goods is to the value of the goods if they conformed to the agreement.
The trader refunds to the consumer the amounts due as a result of the price reduction without undue delay, no later than 14 days from the day of receiving the consumer's statement of price reduction.
The consumer may not withdraw from the agreement if the non-conformity is minor. The non-conformity is presumed to be significant.
If the non-conformity concerns only some of the goods delivered under the agreement, the consumer may withdraw from the agreement only with respect to those goods, and also with respect to other goods acquired together with the non-conforming goods, if the consumer cannot reasonably be expected to agree to keep only the conforming goods.
In the event of withdrawal from the agreement, the consumer returns the goods to the trader without undue delay at the trader's expense. The trader refunds the price to the consumer without undue delay, no later than 14 days from the day of receiving the goods or proof of their return.
The trader refunds the price using the same payment method that the consumer used, unless the consumer has expressly agreed to another refund method that does not involve any costs for them.

Rights of the Consumer / POCK in the event of non-conformity of digital content with the agreement

Art. 43m [Non-conformity of content or service with the agreement]

If the digital content or digital service does not conform to the agreement, the consumer may demand that it be brought into conformity with the agreement.
The trader may refuse to bring the digital content or digital service into conformity with the agreement if doing so is impossible or would involve excessive costs for the trader.
When assessing whether the costs for the trader are excessive, all circumstances of the case are taken into account, in particular the significance of the non-conformity of the digital content or digital service and the value of the digital content or digital service if it conformed to the agreement.
The trader brings the digital content or digital service into conformity with the agreement within a reasonable time from the moment the consumer informed them of the non-conformity, and without significant inconvenience to the consumer, taking into account its nature and the purpose for which it is used. The costs of bringing the digital content or digital service into conformity with the agreement are borne by the trader.

Art. 43n [Statement of price reduction or withdrawal from the agreement]

If the digital content or digital service does not conform to the agreement, the consumer may submit a statement of price reduction or withdrawal from the agreement when:

bringing the digital content or digital service into conformity with the agreement is impossible or involves excessive costs pursuant to Art. 43m(2) and (3);
the trader has not brought the digital content or digital service into conformity with the agreement in accordance with Art. 43m(4);
the non-conformity of the digital content or digital service persists even though the trader has tried to bring it into conformity with the agreement;
the non-conformity of the digital content or digital service is so significant that it justifies a price reduction or withdrawal from the agreement without first using the remedy specified in Art. 43m;
it is clear from the trader's statement or the circumstances that the trader will not bring the digital content or digital service into conformity with the agreement within a reasonable time or without significant inconvenience to the consumer.

The reduced price must be in the same proportion to the contract price as the value of the non-conforming digital content or digital service is to the value of the digital content or digital service if it conformed to the agreement. If the agreement provides that the digital content or digital service is supplied in parts or continuously, the price reduction must take into account the period during which the digital content or digital service did not conform to the agreement.
The consumer may not withdraw from the agreement if the digital content or digital service is supplied in exchange for payment of a price and the non-conformity is minor. The non-conformity of the digital content or digital service is presumed to be significant.

Appendix No. 2 - extract from the provisions of the Consumer Rights Act

Through the Website, the User may submit User Content to be stored, at the User's request, in the Website's IT system, or to be published on the Website.
It is prohibited to submit User Content that constitutes illegal content within the meaning of the Digital Services Act (DSA) or that is inconsistent with the Terms and Conditions.
User Content is inconsistent with the Terms and Conditions if it:
- is unrelated to the topic of the content being commented on,
- contains spam,
- promotes business activity competing with that of the Administrator,
- serves advertising purposes,
- serves activities prohibited by law, e.g. attempted fraud, extortion of money or impersonation of other persons,
- incites or praises violence against any living beings, including animals,
- promotes any fascist or other totalitarian political system,
- incites or praises hatred based on gender, sexual, national, ethnic, racial or religious differences, or on the grounds of lack of religious affiliation,
- insults a group of people or individuals because of their gender, sexuality, nationality, ethnicity, race, religion or lack of religious affiliation,
- contains chauvinistic or misogynistic content, or content bearing the hallmarks of gender discrimination,
- defames or insults any third party,
- infringes the personal rights of any third party,
- infringes the copyright of any third party,
- contains profanity or other offensive content,
- encourages or praises dangerous behaviour,
- offends religious feelings,
- may cause discomfort to other Users, in particular through a lack of empathy or respect for other Users,
- violates good practice in any other way than specified above.
If the Administrator obtains any information giving grounds to suspect that a criminal offence threatening the life or safety of a person or persons has been committed, is being committed or is likely to be committed in connection with User Content, it immediately informs law enforcement or judicial authorities of its suspicion and provides all available information.
The Administrator may carry out voluntary own-initiative checks of User Content.
The User may notify the Administrator of User Content on the Website that the User considers to be illegal content. The notice may be submitted using the mechanism available on the Website or by e-mail to sklep@strefa-kostek.pl. The notice should contain the following elements:
- a sufficiently substantiated explanation of the reasons why the User alleges that the reported User Content is illegal,
- a clear indication of the exact electronic location of the User Content, such as the exact URL or URLs, and, where appropriate, additional information enabling the identification of the reported User Content, depending on the type of User Content,
- the name and e-mail address of the User, except for notices concerning content considered to be related to one of the offences referred to in Articles 3–7 of Directive 2011/93/EU (offences concerning sexual abuse, offences concerning sexual exploitation, offences concerning child pornography, solicitation of children for sexual purposes, incitement, aiding and abetting, and attempt),
- a statement confirming the User's good-faith belief that the information and allegations contained therein are accurate and complete.
If the notice contains the User's electronic contact details, the Administrator sends the User a confirmation of receipt of the notice without undue delay.
The Administrator processes all notices and takes decisions regarding the User Content concerned in a timely (within 14 days of receipt of the notice), non-arbitrary and objective manner and with due diligence. If the Administrator uses automated means for such processing or decision-making, it includes information about this in the notification referred to in paragraph 7.
The Administrator notifies the User of its decision regarding the reported User Content without undue delay. The Administrator's decision may consist of removing the User Content from the Website or leaving it on the Website.
If User Content previously submitted by a User is removed, whether as a result of a notice referred to in paragraph 6 or as a result of the checks referred to in paragraph 5, and the Administrator knows the electronic contact details of the User who submitted the User Content, it provides that User with a clear and specific statement of reasons for the removal, unless the removed User Content is deceptive high-volume commercial content. The statement of reasons must contain at least the following information:
- the facts and circumstances on which the decision was based, including, where relevant, whether the decision was taken on the basis of a notice submitted in accordance with paragraph 6 or on the basis of voluntary own-initiative checks and, where strictly necessary, the identity of the notifier,
- where applicable, information on the use of automated means in taking the decision, including whether the decision was taken in respect of User Content detected or identified using automated means,
- where the decision concerns allegedly illegal User Content, the legal ground relied on and an explanation of why the information is considered illegal content on that ground,
- where the decision is based on the alleged incompatibility of the User Content with the Terms and Conditions, the contractual ground relied on and an explanation of why the User Content is considered incompatible with that ground,
- clear and user-friendly information on the User's options for appealing against the decision.
The User may appeal against any decision of the Administrator within 14 days of its delivery. The appeal may be sent by e-mail to sklep@strefa-kostek.pl and should contain a comprehensive explanation of why the User considers the decision to be wrong. The Administrator handles appeals within 14 days and informs the User of the outcome.