Privacy Policy

Article 1 – Definitions

The following definitions apply in these Terms and Conditions:

Withdrawal period – the period during which the consumer may exercise the right to withdraw from the contract;

Consumer – a natural person who does not act in the course of his or her business or professional activity and who concludes a distance contract with an entrepreneur;

Day – calendar day;

Fixed-term contract – a distance contract concerning a series of products and/or services, in which the obligation to deliver and/or purchase is spread over a specified period of time;

Durable data carrier – any carrier that enables a consumer or entrepreneur to store information addressed to him personally in a way that allows for future reproduction and unchanged duplication of the stored data;

Right of withdrawal – the consumer’s right to withdraw from a distance contract during the reflection period;

Entrepreneur – a natural or legal person who offers products and/or services to consumers at a distance;

Distance contract – a contract concluded within a system organised by an entrepreneur for the sale of products and/or services at a distance, in which, until the conclusion of the contract, only distance communication techniques are used;

Distance communication technique – means that can be used to conclude a contract without the simultaneous presence of the consumer and the entrepreneur in the same place;

General Terms and Conditions – these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: Suavezza
Customer service email address: Kontakt@suavezza.pl

Article 3 – Application

These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and every order concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the consumer will be provided with the text of these General Terms and Conditions. If this is not reasonably possible, the consumer will be informed before concluding the distance contract where they can review the General Terms and Conditions at the trader's registered office and that, upon request, they will be sent to the consumer immediately and free of charge.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these General Terms and Conditions may be made available to the consumer electronically before the distance contract is concluded in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where they can view the General Terms and Conditions electronically and that they will be sent to the consumer electronically or in another way at their request, free of charge.

If, in addition to these General Terms and Conditions, specific terms and conditions for products or services also apply, paragraphs 2 and 3 shall apply accordingly, and in the event of a conflict, the consumer may always invoke the provision that is most favourable to him.

If at any time one or more provisions of these General Terms and Conditions are deemed invalid or unenforceable in whole or in part, the remainder of the contract and these terms and conditions shall remain in force and the relevant provision shall be immediately replaced by a provision that most closely reflects the purpose and meaning of the original provision by mutual agreement.

Situations not regulated in these General Terms and Conditions will be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of these General Terms and Conditions shall be interpreted "in the spirit" of these terms and conditions.

Article 4 – Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer text.

The offer is subject to change. The entrepreneur has the right to modify and adapt the offer.

The offer contains a full and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly evaluate the offer. If the trader uses images, they are a faithful representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the trader.

All images, specifications and data in the offer are for informational purposes only and cannot constitute grounds for claims for damages or termination of the contract.

The images accompanying the products are a faithful representation of the products offered. The company cannot guarantee that the colors shown in the images will exactly match the actual colors of the products.

Each offer contains information that allows the consumer to clearly understand the rights and obligations associated with accepting it. This applies in particular to:

  • Prices, excluding customs clearance costs and import sales tax. These costs are borne by the consumer. The post office and/or courier company will apply a special procedure for postal and courier shipments regarding imports. This regulation applies when goods are imported into a destination country within the EU, as in this case. The post office and/or courier company collects VAT (along with any customs clearance costs) from the recipient of the shipment;

  • any shipping costs;

  • the method of concluding the contract and the actions necessary for this purpose;

  • information whether the right of withdrawal applies;

  • method of payment, delivery and contract execution;

  • the period of validity of the offer or the period during which the trader guarantees the price;

  • the amount of distance communication costs, if they are calculated on a basis other than the standard tariff of the means of communication used;

  • information on whether the contract will be archived after its conclusion and how the consumer can access it;

  • the way in which the consumer can check and, if necessary, correct the data provided by him before concluding the contract;

  • all languages ​​in which the contract may be concluded (except Polish or another language indicated);

  • the codes of conduct to which the trader adheres and the way in which the consumer can become familiar with them electronically;

  • the minimum duration of a distance contract in the case of long-term transactions;

  • optional: available sizes, colors, types of materials.

Article 5 – Agreement

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and meets the conditions specified therein.

If the consumer accepts the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. Until the trader confirms receipt of the acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure data transmission and ensure a secure online environment. If the consumer can make payments electronically, the entrepreneur implements appropriate security measures.

A trader may – within the limits of the law – obtain information about the consumer's ability to meet payment obligations and about all facts and factors relevant to the responsible conclusion of a distance contract. If, based on the conducted investigation, the trader has legitimate reasons not to conclude the contract, they have the right to refuse to accept an order or fulfill a request, or to make the performance of the contract subject to specific conditions, providing justification.

The entrepreneur shall provide the consumer, together with the product or service, in writing or in a way that allows storage on a durable data carrier, with the following information:

  • the address of the entrepreneur's registered office to which the consumer can submit complaints;

  • the conditions and manner of exercising the consumer’s right to withdraw from the contract, or a clear statement excluding the right of withdrawal;

  • information about existing warranties and after-sales service;

  • the data specified in Article 4, paragraph 3 of these terms and conditions, unless they have been previously provided to the consumer before the conclusion of the contract;

  • conditions for terminating the contract if the contract is concluded for a period longer than one year or for an indefinite period.

In the case of long-term transactions, the provisions of the previous paragraph shall apply only to the first delivery.

Each contract is concluded subject to the condition precedent of the availability of the ordered products.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period begins on the day following the day on which the consumer or a third party designated by the consumer, other than the carrier, receives the product.

During the withdrawal period, the consumer is obligated to handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product to the entrepreneur with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions.

If a consumer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product. This notification must be made in writing (e.g., email). After notifying the consumer of their intention to withdraw from the contract, they have a further 14 days to return the product. The consumer must prove that the returned product was returned on time, for example, by providing proof of postage.

If the consumer has not expressed his/her wish to exercise the right of withdrawal or has not returned the product to the entrepreneur within the period specified in paragraphs 2 and 3, the purchase is legally binding.

Article 7 – Costs in the event of withdrawal from the contract

If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has already paid a certain amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal from the contract . The condition for the refund is that the product be returned to the entrepreneur or clear proof of return is provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right to withdraw from the contract in the cases specified in paragraphs 2 and 3. Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly indicated this in the offer, at the latest before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible in relation to products:

  • manufactured to consumer specifications;

  • of a clearly personal nature;

  • which, due to their nature, cannot be returned;

  • which may spoil or expire quickly;

  • the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence;

  • single copies of newspapers and magazines;

  • audio and video recordings and computer software if their protection by the consumer has been breached;

  • hygiene products whose protection has been breached by the consumer.

The right of withdrawal may only be excluded in relation to the following services:

  • regarding accommodation, transport, catering or recreational activities carried out on a specific day or period;

  • the performance of which began with the express consent of the consumer before the expiry of the withdrawal period;

  • related to betting and lotteries.

Article 9 – Price

During the validity period of the offer, the prices of the products and/or services offered will not be increased, except for changes resulting from changes in VAT rates.

Notwithstanding the provisions of the previous paragraph, a trader may offer products or services at variable prices if these prices are dependent on financial market fluctuations beyond the trader's control. The link to these fluctuations and the fact that the prices quoted are indicative will be clearly indicated in the offer.

Price increases within 3 months of concluding the contract are only permitted if they result from legal or regulatory provisions.

Price increases from 3 months after the conclusion of the contract are only permissible if the entrepreneur has reserved such a possibility and:

  • they result from legal provisions or regulations, or

  • the consumer has the right to terminate the contract with effect from the date the price increase comes into effect.

Under Section 5(1) of the Turnover Tax Act 1968, the place of delivery is the country where the transport begins. In this case, delivery takes place outside the EU. The post office or courier company will therefore collect import VAT and/or customs duties from the customer. Consequently, the trader does not charge VAT.

All prices are subject to printing and clerical errors. No liability is accepted for the consequences of such errors. In the event of obvious errors, the trader is not obligated to supply the product at the incorrect price.

Article 10 – Compliance and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications provided in the offer, reasonable requirements regarding quality and/or usability, and applicable laws and government regulations in force on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the contract.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for the consumer's individual use, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

  • the delivered products were exposed to abnormal conditions or were used improperly, handled carelessly or in a manner contrary to the trader's instructions and/or packaging;

  • the defect results in whole or in part from regulations issued or to be issued by government authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Fulfillment

The entrepreneur will exercise the utmost care in receiving and fulfilling product orders.

The place of delivery is the address provided by the consumer in the order.

Subject to the provisions of Article 4 of these Terms and Conditions, the entrepreneur will fulfill accepted orders as quickly as possible and in any case within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed or if the order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the contract without additional costs and is entitled to possible compensation.

In the event of termination of the contract in accordance with the previous paragraph, the entrepreneur will refund the amount paid to the consumer as soon as possible, but no later than 14 days after termination of the contract.

If the ordered product cannot be delivered, the entrepreneur will endeavor to deliver a replacement product. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement product has been delivered. The right of withdrawal cannot be excluded in relation to replacement products. The entrepreneur will bear the costs of any return.

The risk of damage and/or loss of the products is borne by the entrepreneur until they are delivered to the consumer or a previously designated representative, unless expressly agreed otherwise.

Article 12 – Long-term contracts: duration, termination and extension

Solution

The consumer may terminate a contract concluded for an indefinite period for the regular supply of products (including electricity) or services at any time, subject to the agreed termination rules and a maximum notice period of one month .

A consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services upon expiry of the contract term. The agreed termination terms apply, with a maximum notice period of one month.

In relation to the above contracts, the consumer has the right to:

  • terminate it at any time and is not limited to termination on a specific date or period;

  • pronounce it in the same way as he concluded it;

  • always terminate them with the same notice period that the entrepreneur has reserved for himself.

Extension

A contract concluded for a fixed period for the regular supply of products (including electricity) or services may not be automatically extended or renewed for a fixed period .

Notwithstanding the above paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers may be automatically extended for a fixed term of no more than three months, provided that the consumer may terminate the extended contract at the end of the extension period by giving a notice period of no more than one month.

A fixed-term contract for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer has the right to terminate it at any time with a one-month notice period, and in the case of a contract for the delivery of daily and weekly magazines less frequently than once a month, with a maximum notice period of three months.

A contract concluded for a fixed period regarding the regular delivery of daily and weekly newspapers as part of a trial or introductory subscription (trial/introductory subscription) does not continue automatically and expires automatically at the end of the trial or introductory period.

Duration

If the contract has a duration of more than one year, the consumer may terminate it at any time after one year, with a maximum notice period of one month, unless reasonableness and fairness preclude termination of the contract before the agreed period has expired.

Article 13 – Payments

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the commencement of the withdrawal period referred to in Article 6(1). In the case of a service contract, this period begins after the consumer receives confirmation of the contract.

The consumer is obliged to immediately report to the entrepreneur any inaccuracies in the payment details provided or indicated.

In the event of non-payment by the consumer, the trader has the right, subject to statutory provisions, to charge the consumer with reasonable costs about which the consumer has been informed in advance.

Article 14 – Complaints procedure

Complaints regarding the performance of the contract must be reported to the entrepreneur, in a full and clearly described manner, within 7 days from the moment the consumer discovers the defects.

Complaints submitted to the entrepreneur will be processed within 14 days of receipt. If processing the complaint requires a foreseeable longer period of time, the entrepreneur will respond within 14 days with an acknowledgment of receipt of the complaint and indicate when the consumer can expect a more detailed response.

If a complaint cannot be resolved amicably, a dispute arises which is subject to a dispute resolution procedure.

Submitting a complaint does not suspend the entrepreneur's obligations, unless the entrepreneur expressly states otherwise in writing.

If the entrepreneur considers the complaint to be justified, he will, at his discretion, replace or repair the delivered products at no additional cost to the consumer.

Article 15 – Disputes

Only Dutch law applies to contracts concluded between a trader and a consumer to which these General Terms and Conditions apply – even if the consumer lives abroad.

Article 16 – CESOP

Due to the measures introduced and tightened from 2024 under the "Act amending the Turnover Tax Act 1968 (Act implementing the Directive on Payment Service Providers)" and the introduction of the Central Electronic Payment Information System (CESOP) , payment service providers may record data in the European CESOP system.