TERMS AND CONDITIONS
§ 1GENERAL PROVISIONS
1. Store Operation
The online store www.bellywelly.eu operates according to the rules set out in these Terms and Conditions.
2. Scope of the Terms and Conditions
This document defines:
2.1. the conditions for concluding and terminating Product Sales Agreements,
2.2. the complaint procedure,
2.3. the types and scope of services provided electronically by www.bellywelly.eu,
2.4. the rules for providing these services,
2.5. and the conditions for concluding and terminating electronic service agreements.
3. User Obligations
Each User, upon initiating actions aimed at using the Electronic Services of www.bellywelly.eu, is obliged to comply with the provisions of these Terms and Conditions.
4. Applicable Law
In matters not regulated by these Terms and Conditions, the following legal acts apply:
4.1. Act on Providing Services by Electronic Means of July 18, 2002,
4.2. Consumer Rights Act of May 30, 2014,
4.3. Act on Out-of-Court Consumer Dispute Resolution of September 23, 2016,
4.4. Civil Code Act of April 23, 1964,
4.5. and other relevant provisions of Polish law.
§ 2DEFINITIONS INCLUDED IN THE TERMS AND CONDITIONS
1. REGULATIONS – these Terms and Conditions of the Store.
2. STORE – the online store of the Service Provider operating at www.bellywelly.eu.
3. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Store.
4. REGISTRATION FORM – a form available on the website www.bellywelly.eu enabling the creation of an Account.
5. ACCOUNT – a collection of resources in the Service Provider’s IT system identified by an individual name (login) and password, in which the Service Recipient’s data, including information about placed Orders, is stored.
6. ORDER FORM – a form available on the website www.bellywelly.eu enabling placing an Order.
7. REVIEW SYSTEM – an Electronic Service made available to Clients by the Service Provider allowing posting reviews about Products.
8. SELLER, SERVICE PROVIDER – Katarzyna Powichrowska, place of business and correspondence address: ul. Ogrodnicza 5a, 03-605 Warsaw, VAT ID: 5422586462, REGON: 389867039, e-mail address: office@bellywelly.eu, phone number: +48 660 491 384.
9. SERVICE RECIPIENT – a natural person, legal person or organizational unit without legal personality but granted legal capacity by law, using the Electronic Service.
10. CLIENT – a Service Recipient who intends to conclude or has concluded a Sales Agreement with the Seller.
11. CONSUMER – a natural person who performs a legal act with an entrepreneur not directly related to their business or professional activity.
12. ENTREPRENEUR – a natural person, legal person or organizational unit without legal personality but granted legal capacity by law, conducting business or professional activity on their own behalf.
13. PRODUCT – a movable item or service available in the Store which is the subject of a Sales Agreement between the Client and the Seller.
14. SALES AGREEMENT – a sales contract for the Product concluded between the Client and the Seller via the Store.
15. ORDER – a declaration of will by the Client constituting an offer to conclude a Sales Agreement for the Product with the Seller.
16. PRICE – the value expressed in monetary units which the Client is obliged to pay the Seller for the Product.
§ 3INFORMATION ABOUT PRODUCTS AND THEIR ORDERING
1. The store www.bellywelly.eu sells Products via the Internet.
2. Products offered in the Store comply with the agreement and have been legally introduced to the Polish market.
3. The information found on the Store’s website does not constitute an offer within the meaning of the law. By placing an Order, the Client makes an offer to purchase a specific Product under the conditions stated in its description.
4. The Product price displayed on the Store’s website is given in Polish zloty (PLN) and includes all components, including VAT. The price does not include delivery costs.
5. The Product price shown on the Store’s website is binding at the moment the Client places the Order. This price will not change regardless of any subsequent price changes in the Store concerning individual Products after the Client has placed the Order.
6. The Seller clearly informs Clients about unit Prices as well as promotions and price reductions. Next to the information about the Product’s price reduction, the Seller displays the lowest Price of that Product that was in effect in the 30 days before the price reduction was introduced, and if the Product has been offered for sale for less than 30 days – the Seller displays the lowest Price of the Product from the first day it was offered for sale until the day the reduction was introduced.
7. Orders can be placed through the website using the Order Form (Store www.bellywelly.eu) – 24 hours a day, all year round.
8. To place an Order, the Client can fill out the Order Form and create an Account or use the Order Form without registering an Account in the Store.
9. A condition for placing an Order in the Store by the Client is reading the Regulations and accepting its provisions at the time of placing the Order.
10. The Store processes Orders placed Monday to Friday during the Store’s working hours, i.e., from 10:00 to 18:00 on working days. Orders placed on working days after 3:00 p.m., on Saturdays, Sundays, and holidays will be processed on the next working day.
11. Promotional (sale) Products have a limited quantity. Orders for these will be processed in the order they are received until the stock of the given Product is exhausted.
§ 4CONCLUSION OF THE SALES AGREEMENT
1. To conclude the Sales Agreement, it is necessary for the Client to place an Order beforehand using the methods provided by the Seller in accordance with § 3 points 7 and 9 of the Regulations.
2. After placing the Order, the Seller immediately confirms its receipt.
3. The confirmation of acceptance of the Order, referred to in point 2 of this paragraph, binds the Client to their Order. The confirmation of receipt of the Order is sent by email.
4. The confirmation of receipt of the Order contains:
4.1. confirmation of all essential elements of the Order,
4.2. a withdrawal form,
4.3. these Regulations containing information about the right of withdrawal from the agreement.
5. At the moment the Client receives the email referred to in point 4 of this paragraph, the Sales Agreement is concluded between the Client and the Seller.
6. Each Sales Agreement will be confirmed with proof of purchase (receipt or VAT invoice upon request), which will be attached to the Product and/or sent by email to the Client’s email address provided in the Order Form.
7. The Seller reserves the right to cancel the Order without giving a reason, with an obligation to refund the full amount paid by the Client or Entrepreneur to the bank account.
§ 5METHODS OF PAYMENT
1. The Seller provides the following payment methods:
1.1. payment by traditional bank transfer to the Seller’s bank account,
1.2. payment via an electronic payment system (AUTOPAY),
1.3. payment on delivery to the carrier, i.e., cash on delivery.
2. In the case of payment by traditional bank transfer, the payment should be made to the bank account number PL67 1140 2004 0000 3702 8601 0104, Katarzyna Powichrowska, place of business and mailing address: ul. Ogrodnicza 5a, 03-605 Warsaw, NIP: 5422586462, REGON: 389867039. The transfer title should include “Order no. …”.
3. When paying via the electronic payment system, the Client makes the payment before the Order is processed. The electronic payment system allows payment by credit card or fast transfer from selected Polish and foreign banks.
Transfers can be made via the following banks:
- ING Bank Śląski
- Credit Agricole
- BOŚ Bank
- Alior Bank
- mBank
- Millennium Bank
- Bank Pocztowy
- Toyota Bank Polska
- Plus Bank
- BNP Paribas
- Santander Bank Polska
- Pekao S.A
- Citi Bank Handlowy
- Nest Bank
- PKO Bank Polski
- Inteligo
- Rejonowy Bank Spółdzielczy w Lututowie
- Bank Nowy S.A.
- Bank Spółdzielczy Wieliczka
- Velo Bank
- Bank Spółdzielczy Biała Rawska
- Nicolaus Bank
- Krakowski Bank Spółdzielczy
Payment cards accepted:
- Visa
- Visa Electron
- Mastercard
- Mastercard Electronic
- Maestro
The entity providing online payment services is Autopay S.A.
The Order is accepted for processing immediately after the Seller receives information about the positive payment authorization from the AUTOPAY operator.
4. In the case of payment on delivery, the shipment is sent after verifying the correctness of the address data. The Client is obliged to pay for the Order and receive the Product from the carrier.
5. The Client is obliged to pay the price under the Sales Agreement within 3 business days from the date of its conclusion, unless the Sales Agreement provides otherwise.
6. In the case of choosing payments described in points 1.1 and 1.2 of this paragraph, the Product will be shipped only after payment is received.
§ 6COST, TIMEFRAME, AND METHODS OF PRODUCT DELIVERY
1. The delivery costs of the Product, which are borne by the Client, are determined during the Order process and depend on the choice of payment method and the delivery method of the purchased Product.
2. The delivery timeframe for the Product consists of the time needed to prepare the Product and the delivery time by the carrier:
2.1. The time to prepare the Products is from 3 to 10 business days from the moment of:
a) crediting of funds paid under the Sales Agreement to the Seller’s account,
b) or positive authorization of the transaction by the electronic payment system,
c) or acceptance of the Order for processing by the Seller in the case of choosing cash on delivery,
2.2. Delivery of Products constituting movable items by the carrier takes place within the timeframe declared by the carrier, i.e., up to 2 business days from the moment the shipment is dispatched (delivery occurs only on business days excluding Saturdays, Sundays, and holidays),
2.3. The preparation time for a made-to-order Product may be up to 30 business days; the Seller reserves the right to withdraw from the contract.
3. Products purchased in the Shop are sent via a courier company.
4. Products purchased in the Shop can also be collected personally by the Client after prior email or telephone contact.
§ 7 PRODUCT COMPLAINTS
1. Warranty complaints:
1.1. All Products offered in the Store have a warranty (from the manufacturer/seller) valid in the territory of the Republic of Poland.
1.2. The warranty period for Products is 12 months, counted from the day the Product is delivered to the Client.
1.3. The document entitling to warranty protection is the warranty card or proof of purchase.
1.4. The guarantor's data, detailed information about the products covered by the warranty, information on the duration and conditions of the warranty, as well as the rights granted to the Client under the warranty – are contained in the warranty card attached to the Product or made available on the Store’s website.
1.5. The warranty does not exclude the rights of the Consumer and the entity referred to in § 10 of the Regulations, regarding non-compliance of the Product with the Sales Agreement as specified in the Consumer Rights Act, which apply to the Consumer and the entity referred to in § 10 by law.
2. Complaints regarding non-compliance of the Product with the agreement:
2.1. The basis and scope of the Seller’s liability towards the Client who is a Consumer or the entity referred to in § 10 of the Regulations, regarding the non-compliance of the Product with the agreement, are defined in the Consumer Rights Act of May 30, 2014.
2.2. The basis and scope of the Seller’s liability towards the Client who is an Entrepreneur, referred to in § 9, regarding warranty claims are defined in the Civil Code Act of April 23, 1964.
2.3. The Seller is responsible towards the Client who is a Consumer or the entity referred to in § 10 for the lack of conformity of the Product with the agreement existing at the time of delivery and revealed within 2 years from that moment, unless the shelf life of the Product determined by the Seller or persons acting on their behalf is longer.
2.4. Notifications of non-compliance of the Product with the agreement and submission of the appropriate claim can be made by email to: office@bellywelly.eu or in writing to: ul. Ogrodnicza 5a, 03-605 Warsaw.
2.5. In the above message, in written or electronic form, as much information and circumstances related to the subject of the complaint should be provided as possible, in particular the type and date of occurrence of the irregularity and contact details. Providing these details will significantly facilitate and accelerate the consideration of the complaint by the Seller.
2.6. For the assessment of irregularities and non-compliance of the Product with the agreement, the Consumer or the entity referred to in § 10 of the Regulations is obliged to make the Product available to the Seller, and the Seller is obliged to collect it at their own expense.
2.7. The Seller shall respond to the Client's claim immediately, no later than within 14 days from the date of receipt.
2.8. In the case of a complaint from a Client who is a Consumer or the entity referred to in § 10 – failure to respond to the complaint within 14 days from its submission means the complaint is accepted.
2.9. The Client who is a Consumer or the entity referred to in § 10 may first demand replacement or repair of the Product by the Seller. A price reduction or withdrawal from the contract may be demanded only in cases specified in the Consumer Rights Act of May 30, 2014 (e.g., if the non-compliance of the goods with the agreement is significant, if the Seller refused to bring the goods into conformity with the agreement, or if the non-compliance persists despite the Seller's attempts to remedy it).
2.10. In case of a justified complaint by the Client who is a Consumer or the entity referred to in § 10, the Seller shall:
a) cover the costs of repair or replacement and re-delivery of the Product to the Client,
b) reduce the price of the Product (the reduced price must be proportional to the price of a compliant product compared to a non-compliant product) and refund the Consumer or entity referred to in § 10 the amount of the reduced price no later than 14 days from receipt of the price reduction statement,
c) in case of withdrawal from the contract by the Consumer or entity referred to in § 10 – the Seller shall refund the Product price no later than 14 days from the day of receipt of the returned goods or proof of their return. In case of withdrawal from the contract, the Consumer or entity referred to in § 10 is obliged to return the goods to the Seller at their own cost without delay.
2.11. The response to the complaint is delivered on paper or another durable medium, e.g., by email or SMS.
§ 8RIGHT OF WITHDRAWAL FROM THE CONTRACT
1. Subject to point 10 of this paragraph, a Customer who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions and who has concluded a distance contract may withdraw from it without providing any reason by submitting a relevant declaration within 14 days. To meet this deadline, it is sufficient to send the withdrawal declaration made available by the Store.
A model withdrawal form is available (in accordance with Annex No. 2 to the Consumer Rights Act of 30 May 2014, i.e. Journal of Laws 2023, item 2759, as amended in 2024, item 1222).
2. In the event of withdrawal, the Sales Agreement is considered not concluded, and the Consumer or the entity referred to in § 10 of the Terms and Conditions is obliged to return the Product to the Seller or hand it over to a person authorized by the Seller without undue delay and no later than 14 days from the day the withdrawal was submitted, unless the Seller offered to collect the Product themselves. The deadline is considered met if the Product is sent back before the expiry of the 14-day period.
3. In case of withdrawal from the Sales Agreement, the Product should be returned to the following address: ul. Ogrodnicza 5a, 03-605 Warsaw, Poland.
4. The Consumer or the entity referred to in § 10 of the Terms and Conditions is liable for any reduction in the value of the Product resulting from using it in a way that exceeds what is necessary to determine its nature, features, and functioning—unless the Seller failed to inform them about the procedure and deadline for exercising the right of withdrawal and did not provide the model withdrawal form. In order to determine the nature, features, and functioning of the Product, the Consumer or the entity referred to in § 10 of the Terms and Conditions should handle and inspect the Product only in the same way they would be allowed to do in a physical store.
5. Subject to points 6 and 8 of this paragraph, the Seller shall reimburse the value of the Product along with delivery costs using the same payment method that was used by the Consumer, unless the Consumer or the entity referred to in § 10 of the Terms and Conditions explicitly agreed to a different method that does not involve any costs for them. Subject to point 7, the reimbursement shall be made promptly, no later than within 14 days from the receipt of the withdrawal declaration by the Seller.
6. If the Consumer or the entity referred to in § 10 of the Terms and Conditions has chosen a delivery method other than the least expensive standard delivery method offered by the Store, the Seller is not required to refund any additional costs incurred by them.
7. If the Seller has not offered to collect the Product themselves, they may withhold the reimbursement until the Product has been returned or the Consumer (or entity referred to in § 10 of the Terms and Conditions) has provided proof of return—whichever occurs first.
8. The Consumer or the entity referred to in § 10 of the Terms and Conditions who withdraws from the Sales Agreement in accordance with point 1 of this paragraph shall bear only the cost of returning the Product to the Seller.
9. The 14-day period during which the Consumer or the entity referred to in § 10 of the Terms and Conditions may withdraw from the contract is calculated as follows:9.1. for a contract in which the Seller delivers the Product while being obligated to transfer its ownership – from the day the Consumer or the entity (or a third party indicated by them, other than the carrier) took possession of the Product;9.2. for a contract covering multiple Products delivered separately, in batches, or in parts – from the day of taking possession of the last Product, batch, or part;9.3. for a contract involving the regular delivery of Products over a defined period – from the day of taking possession of the first Product;9.4. for all other contracts – from the date of contract conclusion.
10. The right of withdrawal from a distance contract does not apply to the Consumer or the entity referred to in § 10 of the Terms and Conditions in the case of a Sales Agreement:
10.1. where the subject of the service is a non-prefabricated item manufactured according to the Consumer’s specifications or serving to satisfy their individual needs;
10.2. where the subject of the service is an item delivered in sealed packaging that cannot be returned after opening due to health protection or hygiene reasons, if the packaging has been opened after delivery;
10.3. where the subject of the service consists of items that, after delivery, are inseparably combined with other things due to their nature;
10.4. for the provision of services for which the Consumer is required to pay a price, where the entrepreneur has fully performed the service with the Consumer’s express prior consent and acknowledgment that they will lose the right of withdrawal once the service is fully performed;
10.5. where the subject of the service is an item that is perishable or has a short shelf life.
The right to withdraw from the Sales Agreement is granted to both the Seller and the Customer if the other party fails to fulfill its contractual obligation within a strictly defined deadline.
§ 9PROVISIONS APPLICABLE TO NON-CONSUMER ENTREPRENEURS
1. This paragraph contains provisions applicable exclusively to entrepreneurs who are not covered by consumer protection under the Consumer Rights Act referred to in § 10 of the Terms and Conditions.
2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a Consumer within 14 business days from the date of its conclusion. In such a case, the withdrawal may occur without providing a reason and does not give rise to any claims by the non-Consumer Customer against the Seller.
3. The Seller reserves the right to limit the available payment methods for Customers who are not Consumers, including the right to require prepayment of part or all of the sale price, regardless of the payment method chosen by the Customer or the conclusion of the Sales Agreement.
4. The benefits and burdens related to the Product, as well as the risk of accidental loss or damage to the Product, pass to the non-Consumer Customer at the moment the Seller hands over the Product to the carrier. In such a case, the Seller is not liable for any loss, shortage, or damage to the Product occurring from the moment it is accepted for transport until it is delivered to the Customer, nor for any delay in delivery.
5. If the Product is sent to the Customer via a carrier, the Customer who is not a Consumer is obliged to inspect the shipment at the time and in the manner customary for such shipments. If any loss or damage to the Product is found during transport, the Customer is required to take all actions necessary to establish the carrier’s liability.
6. The Service Provider may terminate the agreement for the provision of Electronic Services with immediate effect and without giving reasons by sending a termination notice to the Service Recipient who is not a Consumer.
§ 10PROVISIONS REGARDING ENTREPRENEURS WITH CONSUMER RIGHTS
1. A sole proprietor (this paragraph does not apply to commercial companies) is entitled to the protection provided by the Consumer Rights Act, provided that the contract concluded with the Seller is directly related to their business activity but does not have a professional character for themparticularly as determined by the nature of their business activity.
2.The person conducting a business activity referred to in point 1 of this paragraph is entitled to protection only in the following areas:
2.1. unfair contractual terms,
2.2. liability for lack of conformity of the Product with the contract,
2.3. the right to withdraw from a distance contract,
2.4. rules regarding contracts for the supply of digital content or digital services.
3. The entrepreneur referred to in point 1 of this paragraph loses their consumer protection rights if the Sales Agreement concluded with the Seller is of a professional nature. This is verified based on the entrepreneur’s entry in the Central Registration and Information on Business (CEIDG) of the Republic of Poland, in particular the Polish Classification of Activities (PKD) codes listed there.
4. Entrepreneurs referred to in point 1 of this paragraph are not covered by institutional consumer protection provided by district consumer rights ombudsmen or the President of the Office of Competition and Consumer Protection (UOKiK).
§ 11TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables, via the Store, the use of Electronic Services such as:
1.1. concluding Product Sales Agreements,
1.2. managing an Account in the Store,
1.3. the Review System.
2. The provision of Electronic Services to Users in the Store takes place under the conditions specified in the Terms and Conditions.
3. The Service Provider has the right to place advertising content on the Store’s website. Such content constitutes an integral part of the Store and the materials presented therein.
§ 12CONDITIONS FOR PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of Electronic Services specified in § 11 point 1 of the Terms and Conditions by the Service Provider is free of charge.
2. The duration for which the agreement is concluded:
2.1. the agreement for the provision of the Electronic Service enabling the placement of an Order in the Store is concluded for a fixed period and terminates upon placing the Order or ceasing to place it by the User,
2.2. the agreement for the provision of the Electronic Service involving managing an Account in the Store is concluded for an indefinite period. The agreement is concluded at the moment the User sends a completed Registration Form,
2.3. the agreement for the provision of the Electronic Service involving the use of the Review System is concluded for a fixed period and terminates upon posting a review or ceasing to use this Service by the User.
3. Technical requirements necessary to cooperate with the IT system used by the Service Provider:
3.1. a computer (or mobile device) with Internet access,
3.2. access to electronic mail,
3.3. a web browser,
3.4. enabling Cookies and JavaScript in the web browser.
4. The User is obliged to use the Store in a manner consistent with the law and good manners, respecting personal rights and intellectual property rights of third parties.
5. The User is obliged to enter data consistent with the factual state.
6. The User is prohibited from providing content of an unlawful nature.
§ 13COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES
1. Complaints related to the provision of Electronic Services via the Store may be submitted by the Service Recipient via email to: office@bellywelly.eu
2.The above email should include as much information and details as possible regarding the subject of the complaint, particularly the type and date of the irregularity occurrence, as well as contact details. Providing this information will significantly facilitate and speed up the handling of the complaint by the Service Provider.
3. The Service Provider will handle the complaint promptly, no later than within 14 days from the moment of submission.
4. The Service Provider’s response to the complaint will be sent to the Service Recipient’s email address provided in the complaint submission or by another method indicated by the Service Recipient.
§ 14TERMS OF TERMINATION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. Termination of the agreement for the provision of Electronic Services:
1.1. The agreement for the provision of continuous and indefinite Electronic Services (such as account management) may be terminated.
1.2. The Service Recipient may terminate the agreement with immediate effect and without giving reasons by sending an appropriate statement via email to: office@bellywelly.eu or by deleting the Account.
1.3. The Service Provider may terminate the agreement for the provision of continuous and indefinite Electronic Services if the Service Recipient breaches the Regulations, particularly by delivering unlawful content, after an unsuccessful prior call to cease the violations with a set deadline. In such a case, the agreement expires 7 days after the date of submitting the termination statement (notice period).
1.4. Termination results in the termination of the legal relationship with effect for the future.
2. The Service Provider and the Service Recipient may terminate the agreement for the provision of Electronic Services at any time by mutual agreement.
§ 15INTELLECTUAL PROPERTY
1. All content posted on the website at www.bellywelly.eu is protected by copyright law and (subject to § 15 point 3 and elements posted by Service Recipients, used under license, transfer of proprietary copyrights, or permitted use) is the property of Katarzyna Powichrowska, whose business location and mailing address are: ul. Ogrodnicza 5a, 03-605 Warsaw, NIP: 5422586462, REGON: 389867039, email address: office@bellywelly.eu, phone number: +48 660 491 384. The Service Recipient bears full responsibility for any damage caused to the Service Provider resulting from the use of any content from the www.bellywelly.eu website without the Service Provider’s consent.
2. Any use by anyone, without the express written consent of the Service Provider, of any elements comprising the content of the www.bellywelly.eu website constitutes a violation of the Service Provider’s copyright and entails civil and criminal liability.
3. All trade names, product names, company names, and logos used on the Store’s website at www.bellywelly.eu belong to their respective owners and are used solely for identification purposes. They may be registered trademarks. All materials, descriptions, and photos presented on the Store’s website at www.bellywelly.eu are used for informational purposes only.
§ 16LIABILITY
1. The Service Provider will make every effort to ensure that the data available in the Store is complete and up-to-date, presented with due diligence, taking into account existing factual and legal circumstances, within the limits permitted by law.
2.The Service Provider fulfills all obligations required by Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the Digital Services Act and amends Directive 2000/31/EC (the Digital Services Act) and designates a contact point as defined in the Digital Services Act at its registered office mentioned in § 2 of these Terms and Conditions.
3. It is prohibited to post unlawful content through the Store (e.g., comments, reviews), as well as content that is:
a) unrelated to the Store’s subject matter,
b) unjustifiably damaging the reputation of the Service Provider,
c) containing words commonly regarded as obscene,
d) promoting activities competing with the Service Provider.
4. In the case of publishing content referred to in point 3, the Service Provider may moderate such content (refuse to publish, demote content, remove content, block access to content, limit or disable monetization of content, suspend or close user accounts, suspend or terminate service provision to the user).
5. In cases of automatic moderation of content posted by Service Recipients via algorithms, the Recipients retain the right to appeal the Service Provider’s decision. Appeals can be sent via email to office@bellywelly.eu. The appeal should briefly describe the factual circumstances and justify the reasons for the appeal. The Service Provider will review the appeal in accordance with the provisions of the Digital Services Act within 14 days.
6. A Service Recipient who notices violations of the rules described in this paragraph may report prohibited content published in the Store by sending an email to office@bellywelly.eu.
7. The report mentioned in point 6 must contain the following elements:
a) a sufficiently justified explanation of why the Service Recipient claims the information is illegal content,
b) a clear indication of the exact electronic location of the information, such as exact URL(s) and, if applicable, additional information enabling identification of the illegal content,
c) the name or company name and email address of the Service Recipient submitting the report (except reports concerning crimes under Articles 3–7 of Directive 2011/93/EU),
d) a statement confirming the good faith belief of the reporting Service Recipient that the information and allegations contained in the report are true and complete.
8. The Service Provider will confirm receipt of the report mentioned in point 6 and inform about its positive or negative consideration without undue delay.
9. If the report mentioned in point 6 is found to be justified, the Service Provider will, as far as possible, inform the Service Recipient responsible for the violation about the moderation of their published content with the required justification.
10. If the Service Provider obtains any information giving grounds to suspect that a crime threatening the life or safety of a person or persons has been committed, is being committed, or may be committed, it immediately informs law enforcement or judicial authorities with justification and shares all known information.
11. The Service Provider informs Service Recipients about significant changes to the Terms and Conditions.
12. Service Recipients bear full responsibility for breaking the law or damage caused by their actions in the Store, particularly for providing false data, disclosing confidential information or other legally protected secrets, violating personal rights or copyrights and related rights, and processing Service Recipients’ personal data contrary to the Store’s purposes or data protection laws.
13. The Service Provider undertakes to inform Service Recipients in advance, as far as possible, about potential disruptions to the Store’s operation, especially about service outages.
14. The Service Provider undertakes all efforts to ensure the proper formal and legal functioning of the Store.
15. The Service Provider will consider all legal changes and update the Store accordingly.
16. Store system updates will be made by the Service Provider without charging additional costs to the Service Recipients.
17. The Service Provider takes all measures to protect the data of Service Recipients.
18. The Service Provider is not liable to Service Recipients who are Entrepreneurs:
a) for any direct or indirect damages or losses (including loss of profits, business interruptions, or loss of business information),
b) in connection with improper use of the Store by a non-Consumer Service Recipient and improper functioning of their equipment or communication system,
c) for damages resulting from errors, failures, or interruptions in the Store’s operation,
d) for Store disruptions or data loss caused by force majeure or third-party actions,
e) for actions of third parties involving unauthorized use of data or materials from the Store,
f) for inability to log in caused by connection quality, system failure, or incorrect configuration,
g) for consequences related to password loss.
19. The Service Recipient is responsible for providing an email address to which they have access, especially not an incorrect or third-party address.
§ 17FINAL PROVISIONS
1. Contracts concluded through the Store are governed by Polish law.
2. If any part of the Terms and Conditions is inconsistent with applicable law, the relevant provisions of Polish law shall apply instead of the challenged provision.
3. Any disputes arising from Sales Contracts between the Store and Customers shall first be resolved through negotiations with the intention of an amicable settlement, taking into account the Act on out-of-court resolution of consumer disputes. If this is not possible or satisfactory to either party, disputes shall be resolved by the competent common court, in accordance with point 4 of this paragraph.
4. Judicial dispute resolution:
4.1. Disputes between the Service Provider and a Service Recipient (Customer) who is also a Consumer or an entity referred to in § 10 of the Terms and Conditions shall be resolved by courts competent according to the Civil Procedure Code of 17 November 1964.
4.2. Disputes between the Service Provider and a Service Recipient (Customer) who is not also a Consumer, as referred to in § 9 of the Terms and Conditions, shall be resolved by the court competent for the Service Provider’s seat.
5. A Customer who is a Consumer also has the right to use alternative dispute resolution methods, in particular by submitting, after the complaint procedure, a request to initiate mediation or arbitration (the request form is available at http://www.uokik.gov.pl/download.php?plik=6223). A list of Permanent Consumer Arbitration Courts operating at Regional Inspectorates of Trade Inspection is available at http://www.uokik.gov.pl/wazne_adresy.php#faq596. Consumers may also use free assistance from a district (city) consumer ombudsman or a social organization tasked with consumer protection. Alternative dispute resolution after the complaint procedure is free of charge.
6. To amicably resolve a dispute, a Consumer can file a complaint via the ODR (Online Dispute Resolution) platform available at: http://ec.europa.eu/consumers/odr/.