Conditions d’utilisation

§1 General Provisions

1. The owner of the Service available at shop.gosiaherba.com is Mikołaj Pasiński, conducting business activity under the name Mikołaj Pasiński, with its registered office at ul. Łukasza Górnickiego 19/4, 50-337 Wrocław, Poland. The business is registered in the Central Register and Information on Economic Activity of Poland under tax identification number (NIP): 7542681796, statistical number (REGON): 383818778.
2. These Terms and Conditions set out the rules for using the Service and its functionalities, including in particular the type and scope of services provided, including electronic services provided by its owner, the conditions and rules for placing orders, technical requirements, the manner of concluding and terminating Distance Agreements, the rules and deadlines for payments and the conditions of Delivery, as well as the complaint procedure.
3. You can contact the Seller by sending an email to: shop@gosiaherba.com or by phone: 601 385 337.

§2 Definitions

1. Price – the monetary value that the Client is obliged to pay to the Seller.
2. Business Day – a day from Monday to Friday, excluding public holidays in Poland.
3. Delivery – means the provision of the Goods to the Client by the Seller.
4. DSA – Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market for Digital Services and amending Directive 2000/31/EC (Digital Services Act).
5. Civil Code – the Polish Civil Code Act of 23 April 1964.
6. Client – an entity purchasing a good for its own consumption and acquiring ownership rights thereto or intending to make a Purchase. A natural person with full legal capacity, and in cases provided for by generally applicable laws also a natural person with limited legal capacity, a legal person, or an organizational unit without legal personality to which the law grants legal capacity – that has entered into or intends to enter into an Agreement with the Seller.
7. Consumer – a natural person entering into a legal transaction with an entrepreneur which is not directly related to their business or professional activity (definition based on Article 22¹ of the Polish Civil Code).
8. Offer – a proposal of Products available in the Service, including essential information about a Product or Service. The Offer may also include usage instructions or detailed conditions of use of a given function (if available).
9. Privacy Policy – a document defining the rules of processing personal data, available at https://shop.gosiaherba.com/pl/policies/privacy-policy.
10. Product – any Goods or Services within the meaning of Article 2 point 3 of the Polish Act on Counteracting Unfair Market Practices; the Product is subject to payment unless otherwise indicated.
11. Digital Product – digital content received by the Client as part of a Purchase, in the form of an electronic file, software, or online access to websites.
12. Physical Product – a product subject to physical shipment by mail/courier or available for personal collection.
13. Entrepreneur – a natural person, legal person, or organizational unit not being a legal person but to which a separate act grants legal capacity, conducting business activity in their own name, who uses the Service.
14. Entrepreneur with Consumer rights – a natural person entering into a contract directly related to their business activity, where the content of that contract indicates that it does not have a professional character for them, in particular resulting from the subject of their business activity disclosed in the Central Register and Information on Economic Activity of Poland. (This category exists under Polish law.)
15. Terms and Conditions – these Terms and Conditions of sale, specifying the rules of using the Service, placing orders, and the rules for order fulfilment by the Seller.
16. Service – the website shop.gosiaherba.com, through which the Seller sells Products.
17. Seller – Mikołaj Pasiński, conducting business activity under the name Mikołaj Pasiński, with its registered office at ul. Łukasza Górnickiego 19/4, 50-337 Wrocław, Poland. The business is registered in the Central Register and Information on Economic Activity of Poland under tax identification number (NIP): 7542681796, statistical number (REGON): 383818778.
18. Goods – a tangible item being the subject of an agreement concluded between the Seller and the Client.
19. Agreement – mutual arrangements between the Seller and the Client defining their respective rights and obligations.
20. Distance Agreement – an agreement concluded without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the time of conclusion of the agreement.
21. Service (non-digital) – any intangible activity provided to the Client or in relation to their objects, which does not involve transfer of ownership rights.
22. Digital Service – a service allowing the Client to: (a) produce, process, store, or access data in digital form; (b) share in digital form data that has been uploaded or created by the consumer or other users of that service; (c) other forms of interaction through such data.
23. Electronic Service – a service provided electronically through the Service; a service within the meaning of Article 2 point 4 of the Polish Act on the Provision of Electronic Services.
24. User – an entity using the Service.
25. Purchase – transfer of ownership to the Client, either for payment or free of charge.

§3 Electronic Services in the Online Service

1. The following Electronic Services are available in the Online Service: blog, contact form, reviews, ratings, search engine, product filtering, language version change, currency selection, product configuration.
2. The above-mentioned services are provided to the extent described directly in the Online Service.
3. The provision of Electronic Services to Clients in the Online Service takes place under the conditions specified in these Terms and Conditions.
4. Using Electronic Services involves the transmission of data via the Internet, which carries risks characteristic of this network.
5. It is prohibited to transmit content that is unlawful or illegal, including in particular materials promoting terrorism, depicting the sexual exploitation of children, promoting racism and xenophobia, as well as infringing intellectual property rights. Detailed information on prohibited content can be found in the section "Content restrictions – illegal content and content contrary to the Terms and Conditions, reporting illegal content, contact point" of these Terms and Conditions.

§4 Rules for Concluding Agreements

1. The Terms and Conditions and the Offer define the rules of cooperation and the conditions of contract performance.
2. At the bottom of the Website, the Terms and Conditions are made available to the Client free of charge. The Client may save the content of the Terms and Conditions at any time by downloading, storing on a data carrier, or printing it from the Service.
3. The Client may not place an Order using incorrect personal data, anonymously, or under a pseudonym.
4. The Terms and Conditions and the Offer do not limit or exclude the rights of the Client being a Consumer or an Entrepreneur with Consumer rights arising from mandatory provisions of law.
5. In the event of discrepancies between the content of the Terms and Conditions and the Offer, the Offer shall prevail.
6. The Agreement is concluded at the moment of clicking a button clearly indicating the intention to purchase with an obligation to pay or at the moment of explicit confirmation of the intention to place an order electronically.
7. Receipt of the order will be confirmed electronically. The Agreement is concluded upon receipt of the order confirmation / shipping confirmation sent in a separate message.
8. The Client is prohibited from providing unlawful content and is obliged to use the Service in accordance with applicable law, these Terms and Conditions, and good practices, respecting personal rights and intellectual property rights, in particular the copyrights of the Seller or third parties, and in a manner that does not disrupt the functioning of the Service.

§5 Price

1. The Price is a gross price and includes all taxes required by law, unless the Seller has clearly indicated otherwise in the Offer.
2. The Seller informs that he is not a VAT payer.
3. The Price does not include information regarding Delivery costs or other costs that the Client is obliged to bear, of which the Client will be informed before placing an order.
4. A reduced Price is the Price applicable after the reduction of the Product’s Price.
5. The lowest Price is the lowest Price for the Product that applied during the 30 days prior to the introduction of the reduction, and in the case of a Product offered for sale for less than 30 days – the lowest Price is the lowest Price that applied from the date the Product was first offered until the date of the reduction.
6. The Seller reserves the right to change the Prices of Products as well as to conduct and cancel promotional campaigns. Any changes to Product Prices apply from the moment they are introduced on the Service and do not affect Agreements already concluded. Promotions conducted by the Seller cannot be combined unless the regulations of a given promotion state otherwise. Detailed information is always included in the terms and conditions of the given promotion.

§6 Rules of Cooperation and Placing Orders in the Service

1. The Client may use the Service 24 hours a day, 7 days a week. Orders placed on Saturdays, Sundays, or public holidays are processed on the next Business Day. The Seller reserves the right to temporarily disable the Service for technical reasons.
2. The Seller uses external payment operators to offer online payments.
3. The Client may choose the following forms of payment for ordered Products:
   • by bank transfer – payable directly to the Seller’s account, after prior contact with the Seller. In the case of payment by bank transfer, the Product will be shipped after the payment is received and booked on the Seller’s bank account;
   • by electronic transfer – via: Shopify Payments, PayPal. To make the payment, the Client will be redirected to the service provider’s website under the terms indicated by that provider.
4. The Client is obliged to make payment immediately after placing the order, unless otherwise provided in the Offer or by the selected payment method.
5. To Purchase Products through the Service, the Client must:
   • select the Product to be purchased from the options available on the Service by clicking the “add to cart” button or an analogous button;
   • after selecting Products, provide the required information (e.g. Client data, payment method, Delivery method);
   • review information on the total Price for the selected Products, including Delivery and any additional costs resulting from the order;
   • accept the Terms and Conditions and the order, and make the payment according to the selected payment method. After placing the order, the Seller will send confirmation of the order to the email address provided by the Client.
6. After the Agreement has been concluded, the Seller shall also send the Client its terms and conditions, unless they were provided before the conclusion of the Agreement.
7. The Seller reserves the right to refuse or cancel an order if it was placed using software, a robot, crawler, spider, or any automated system or scripted behavior, or third-party services used to place an order on behalf of the user.

§7 Physical Product – Order Fulfilment

1. If one or more items are no longer available, the Client will be informed electronically that the purchase agreement for the items listed in the email could not be concluded.
2. The Product ordered by the Client will be shipped after the Client has paid the full Price together with Delivery costs.
3. Orders are fulfilled within the territory of Poland. If the delivery time is indicated in Business Days, this means all days from Monday to Friday inclusive, excluding public holidays in Poland.
4. Orders are also fulfilled outside the territory of Poland, provided that the chosen Delivery method includes the possibility of shipping to the given country.
5. The ordered Goods will be shipped no later than within 14 days, unless otherwise indicated in the Offer (requirement under Polish consumer law – Article 543¹ of the Polish Civil Code and the Consumer Rights Act).

§8 Digital Product – Order Fulfilment

1. In the case of a Purchase including a Digital Product, access to the Product will be granted to the Client immediately after a successful payment, no later than within 48 hours, unless otherwise indicated in the Offer (requirement under the Polish Consumer Rights Act implementing Directive (EU) 2019/770 on digital content and digital services).
2. Within the User’s Account, or to the email address provided by the Client, the Digital Product will be made available or sent, subject to the provisions below.
3. In the case of Digital Products where materials, due to the nature of the Product, are not available immediately after the Purchase, such materials will be made available systematically in subsequent days or all at once – depending on what is indicated in the Offer.
4. In the case of a Purchase including access to a group on social media platforms, as well as access to live broadcasts (webinars/online meetings), the Client will be granted access to such spaces immediately after the Purchase or within the time resulting from the nature of the Product and the Offer.
5. Access to the Product is time-limited, and the duration of access to the Product follows from the Offer (requirement under the Polish Consumer Rights Act implementing Directive (EU) 2019/770).
6. If the Client is unable to open the provided file or materials, they should immediately contact the Seller.
7. The Client is informed by the Seller about updates, including those relating to security, necessary to maintain the conformity of the Product with the Agreement (requirement under the Polish Consumer Rights Act implementing Directive (EU) 2019/770).

§9 Digital Service – Order Fulfilment

1. Detailed information regarding the Digital Service is provided in the Offer.
2. The purchased Digital Service will be carried out after the Client agrees the date with the Seller by email and/or SMS and/or via an online calendar (if made available) – unless otherwise provided in the Offer.
3. The Client may use the Service within the timeframe specified in the Offer.
4. The Client has the right to change the date of the Service once, unless the Offer provides otherwise. The condition for changing the date is cancellation of the Service no later than 48 hours before the scheduled date and agreeing on a new date. If the Service is not cancelled in accordance with these rules, the Service will be deemed performed. The change of date should be made by email or phone using the email address or phone number indicated in these Terms and Conditions.

§10 Technical Requirements

1. The Client may use the Service in accordance with applicable law and these Terms and Conditions.
2. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Clients’ data by unauthorized persons. Therefore, Clients should use appropriate technical measures to minimize the above-mentioned risks.
3. To use the Service or place an order, the Client must have:
   • the current version of an Internet browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
   • an active email account.
4. To use Products (not applicable to Physical Products), the Client must have:
   • the current version of an Internet browser supported by the manufacturer with Internet access (e.g. Opera, Mozilla Firefox, Google Chrome);
   • an active email account;
   • a current tool/program supporting electronic files in the format indicated in the Offer (e.g. *.zip, *.pdf, *.mobi, *.pub, *.doc, *.docx, *.xsl);
   • recommended minimum screen resolution: 1024x768;
   • browser settings that allow Cookies and Javascript to be enabled.
5. If additional technical requirements are necessary to use the Service or Products, the Client will be informed thereof before using the Service or before placing an order for a Product (requirement under Polish consumer law – information obligations of the Seller).

§11 Complaint Procedure

1. The Seller is liable for the conformity of the Goods with the sales Agreement under the rules set out in Articles 43a et seq. of the Polish Consumer Rights Act.
2. This section sets out the rules of liability for the conformity of performance with the Agreement obliging the transfer of ownership of Goods to the Consumer and to the Entrepreneur with Consumer rights in respect of agreements concluded from 1 January 2023.
3. For agreements obliging the transfer of ownership of Goods, including in particular sales agreements, delivery agreements, and contracts for work being a good, the provisions of Section XI, Book Three, Title II of the Polish Civil Code of 23 April 1964 do not apply; only the provisions of the Polish Consumer Rights Act apply. Detailed rules are set out in the Polish Consumer Rights Act, and these Terms and Conditions do not aim to limit or modify them.
4. If the Goods are not in conformity with the Agreement, the Client may request their repair or replacement, or – in cases specified in the Polish Consumer Rights Act – also withdrawal from the Agreement.
5. The Seller may replace the Goods when the Client requests repair, or may repair the Goods when the Client requests replacement, if bringing the Goods into conformity with the Agreement in the manner chosen by the Client is impossible or would require excessive costs for the Seller. If both repair and replacement are impossible or would require excessive costs, the Seller may refuse to bring the Goods into conformity with the Agreement.
6. If the Goods are not in conformity with the Agreement, the Client may make a statement requesting a price reduction or withdrawal from the Agreement if:
   • the Seller has refused to bring the Goods into conformity with the Agreement or has not done so,
   • the lack of conformity continues despite the Seller’s attempt to bring the Goods into conformity with the Agreement,
   • the lack of conformity is so significant as to justify an immediate price reduction or withdrawal from the Agreement,
   • it is clear from the Seller’s statement or the circumstances that the Seller will not bring the Goods into conformity with the Agreement within a reasonable time or without excessive inconvenience for the Client.
7. The Client may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is insignificant (requirement under the Polish Consumer Rights Act).
8. In the event of withdrawal from the Agreement, the Client shall promptly return the Goods to the Seller at the Seller’s cost. The Seller shall reimburse the Client the Price together with the original Delivery costs (up to the amount of the cheapest ordinary Delivery method offered by the Seller) promptly, but no later than 14 days from receipt of the Goods or proof of their return (requirement under the Polish Consumer Rights Act).
9. The Client may submit a complaint concerning non-conformity of the Goods with the Agreement by sending it to the Seller’s address indicated in these Terms and Conditions (correspondence or email address). The complaint should contain data enabling the identification of the Client, the subject of the complaint, and the demands related to the complaint.
10. If an incomplete complaint is received which prevents its consideration, the Seller shall request the Client to supplement it, under the penalty of leaving the complaint unprocessed. The Client may submit a complaint using the template provided in Appendix No. 2 to these Terms and Conditions.
11. All complaints are resolved promptly, no later than within 14 days from the date of submission. The complainant will receive a reply in the form of an email sent to the address from which the complaint was submitted.
12. Any deficiencies in the complaint submission will be immediately communicated to the Client together with instructions on how to supplement them.
13. The provisions of this section do not apply to Goods that serve solely as a carrier of digital content (requirement under the Polish Consumer Rights Act).
14. The provisions of this section concerning Consumers also apply accordingly to agreements concluded by Entrepreneurs with Consumer rights.

§12 Warranty

1. In addition to rights arising from statutory liability for non-conformity (rękojmia), some Goods may be covered by a warranty. In such a case, information regarding the warranty will be specified in the Offer or in a separate document, in accordance with the rules provided in the Polish Consumer Rights Act.

§13 Right of Withdrawal from the Agreement

1. A Client who is a Consumer, as well as an Entrepreneur with Consumer rights, has the right to withdraw from a Distance Agreement within 14 days without giving any reason and without incurring any costs, except as provided by the Polish Consumer Rights Act.
2. The period for withdrawal shall expire after 14 days:
   • from the day on which the Client or a third party other than the carrier and indicated by the Client acquires possession of the Goods – in the case of sales agreements,
   • from the day of conclusion of the Agreement – in the case of agreements for the supply of digital content not supplied on a tangible medium and for digital services,
   • from the day of conclusion of the Agreement – in the case of service agreements.
3. To exercise the right of withdrawal, the Client must inform the Seller of their decision to withdraw from the Agreement by an unequivocal statement (e.g. a letter sent by post or email) using the Seller’s contact details indicated in these Terms and Conditions. The Client may use the withdrawal form template attached as Appendix No. 1 to these Terms and Conditions, but it is not obligatory.
4. To meet the withdrawal deadline, it is sufficient for the Client to send a statement of withdrawal before the withdrawal period has expired.
5. Effects of withdrawal:
   • in the event of withdrawal, the Agreement is deemed not to have been concluded;
   • the Seller shall reimburse the Client all payments received, including Delivery costs (up to the amount of the cheapest ordinary Delivery method offered), promptly and in any event no later than 14 days from the day on which the Seller is informed of the Client’s decision to withdraw from the Agreement;
   • the reimbursement will be made using the same means of payment as the Client used for the initial transaction, unless the Client has expressly agreed otherwise; in any event, the Client will not incur any fees as a result of such reimbursement;
   • the Seller may withhold the reimbursement until receipt of the Goods or proof of their return, whichever is earlier;
   • the Client must return the Goods to the Seller immediately, and in any event no later than 14 days from the day on which they communicated their withdrawal; the deadline is met if the Client sends the Goods back before the 14-day period has expired; the Client bears only the direct cost of returning the Goods, unless the Seller agreed to bear such costs;
   • if the Goods, by their nature, cannot normally be returned by post, the Client will bear the direct costs of returning the Goods, the amount of which may be estimated in advance and communicated by the Seller.
6. Exceptions to the right of withdrawal (requirement under the Polish Consumer Rights Act):
   • for the supply of digital content not supplied on a tangible medium, if the performance has begun with the Client’s prior express consent before the end of the withdrawal period and after being informed by the Seller of the loss of the right of withdrawal,
   • for the supply of digital services, if the performance has begun with the Client’s prior express consent before the end of the withdrawal period and after being informed by the Seller of the loss of the right of withdrawal,
   • for the provision of services after the service has been fully performed, if the performance began with the Client’s prior express consent and acknowledgment that they lose the right of withdrawal once the service has been fully performed,
   • for Goods made to the Client’s specifications or clearly personalized,
   • for Goods liable to deteriorate or expire rapidly,
   • for sealed Goods that are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
   • for Goods which after delivery, according to their nature, are inseparably mixed with other items,
   • for sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery,
   • for newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.
7. The provisions of this section apply accordingly to Entrepreneurs with Consumer rights.

§14 Right of Withdrawal

1. This section sets out the rules for withdrawal from the Agreement by the Consumer and the Entrepreneur with Consumer rights.
2. A Client who is a Consumer or an Entrepreneur with Consumer rights has the right to withdraw from the Agreement within 14 days, subject to the provisions below. To exercise the right of withdrawal, the Client must inform the Seller of their decision to withdraw from the Agreement by means of an unequivocal statement, for example by sending an email or a letter to the address indicated in these Terms and Conditions. A template withdrawal form is attached as Appendix No. 1 to these Terms and Conditions.
3. The right of withdrawal does not apply to certain Agreements, of which the Client will be informed before placing an Order, including in particular:
   • for the provision of services, if the Seller has fully performed the service with the Client’s explicit consent, and the Client, before the performance began, was informed that after the service has been fully performed they would lose the right of withdrawal and accepted this information,
   • where the subject of the Agreement is a non-prefabricated item, manufactured according to the Client’s specifications or serving to satisfy their individual needs,
   • for the supply of digital content not supplied on a tangible medium, for which the Consumer is obliged to pay a Price, if the Seller has begun the performance with the Consumer’s prior express consent, after the Consumer was informed before the performance began that after the Seller has fully performed they would lose the right of withdrawal, accepted this information, and the Seller has provided the Consumer with confirmation of the conclusion of the Agreement.
4. The Client referred to in section 2 is liable for any decrease in the value of the Product resulting from using it in a way that goes beyond what is necessary to establish its nature, characteristics, and functioning (requirement under the Polish Consumer Rights Act).
5. In the event of withdrawal from an Agreement for the supply of digital content or a digital service, the Client shall refrain from using such digital content or digital service and from making them available to third parties (requirement under the Polish Consumer Rights Act implementing Directive (EU) 2019/770).

§15 Returns – Effects of Withdrawal from the Agreement

1. In the event of withdrawal from the Agreement by the Client, the Seller is obliged to reimburse the Client for all payments received, including Delivery costs (except for any additional costs arising from the Client’s choice of a Delivery method other than the cheapest ordinary Delivery method offered by the Seller), without delay and no later than fourteen days from the day on which the Seller was informed of the Client’s decision to withdraw from the Agreement (requirement under the Polish Consumer Rights Act).
2. Return address: ul. Łukasza Górnickiego 19 / 4, 50-337 Wrocław.
3. The reimbursement will be made using the same means of payment as those used by the Client in the original transaction, unless another payment method has been explicitly agreed with the Client.
4. The Seller reserves the right to withhold reimbursement until receipt of the returned Product or until the Client provides proof of having sent back the Product, whichever occurs first (requirement under the Polish Consumer Rights Act).
5. The Client is obliged to send back or hand over the Product to the Seller without delay and in any case no later than fourteen days from the day on which they informed the Seller of withdrawal from the Agreement. The deadline is met if the Product is sent back before the fourteen-day period has expired.
6. The Seller shall refund the Client the Delivery costs up to the amount of the cheapest ordinary Delivery method offered in the Service. The Seller is not obliged to refund any difference in Delivery costs resulting from the Client’s choice of another method.
7. The Seller does not bear the costs of return shipment in the event of withdrawal from the Agreement within the 14-day period (requirement under the Polish Consumer Rights Act).

§16 User Account

1. The Seller may create a User Account for the Client, i.e. an individual panel made available to the Client by the Seller for the purpose of using the Seller’s Products after the Client has completed registration and entered into a free-of-charge agreement for the creation and operation of the User Account (hereinafter: the Account). The agreement for the creation and operation of the User Account is concluded for an indefinite period.
2. The Client may create a User Account after registering in the Service. The agreement for the creation and operation of the User Account is concluded for an indefinite period.
3. The Client may not hold multiple User Accounts or share the User Account with third parties.
4. The Seller sends to the email address indicated by the Client information regarding the User Account. The Client sets an individual password for the Account. The Client is obliged to set an individual password also in cases where the password was initially generated automatically by the system for the purpose of registering the User Account. After registering the Account, the Client should immediately set a new password.
5. The Client may request the deletion of the User Account by sending such a request to the Seller by email or by another communication channel accepted by the Seller. The deletion shall take effect after a 14-day notice period, without the need to provide reasons (requirement under the Polish Consumer Rights Act).
6. Deleting the User Account may result in the loss of access to Products made available within the Account.
7. The Seller may terminate the agreement for the creation and operation of the User Account:
   • for valid reasons, subject to a 14-day notice period (applies to Clients who are Consumers or Entrepreneurs with Consumer rights). A valid reason shall in particular mean a breach by the Client of these Terms and Conditions or of applicable law, as well as actions contrary to good practices,
   • without providing reasons, with immediate effect (applies to Clients who are neither Consumers nor Entrepreneurs with Consumer rights).

§17 Image

1. The Client acknowledges that their image, provided in the course of cooperation with the Seller, may be processed by the Seller, including recorded and disseminated for educational, archival, and Agreement-related purposes (in accordance with GDPR and applicable Polish law).
2. By turning on the camera during online transmissions (webinars/online meetings) or by otherwise providing their image to the Seller, the Client consents to the recording, use, and dissemination by the Seller of their image in the form of photos/recordings from the online transmission/cooperation for the purposes indicated in section 1.
3. The processing of the Client’s image for marketing and promotional purposes requires separate consent.
4. The image referred to above may be used in various forms of electronic processing, cropping, and composition, and may be combined with images of other persons participating in the online transmission. Film and audio recordings featuring the Client may be cut, edited, modified, and combined with other materials created within the Seller’s activity. The consent covers all forms of publication.
5. The Client may not record, use, or disseminate the image of other participants/hosts without the prior consent of those persons.

§18 Copyright and Licenses

1. All materials made available by the Seller, including Products, photos, texts, graphics, multimedia, and trademarks, are works within the meaning of the Polish Copyright and Related Rights Act and are protected by law.
2. The copyrights to such materials are held by the Seller or another entity from whom the Seller has obtained the appropriate license. The materials may also be used by the Seller on another legal basis.
3. All materials made available by the Seller may be used by the Client solely for their own personal use, unless otherwise provided in the Offer. Further dissemination, sharing, copying, or downloading of the materials in any way outside the scope of permitted use is prohibited.
4. The Seller grants the Client a non-exclusive license, without the right to grant sublicenses and without territorial limitations. Time limitations result from the Offer or these Terms and Conditions. The remuneration for granting the license is included in the Price.
5. The Client has the right to use the materials in the following fields of exploitation:
   • fixing and reproducing the work – producing copies of the work using a specified technique, including printing, reprographic, magnetic recording, and digital techniques for personal use,
   • trading in the original of the Physical Product – placing on the market, lending, or renting the original,
   • disseminating the work in a manner other than indicated in point b – public performance, exhibition, display, playback, broadcasting, and retransmission, as well as making the work publicly available in such a way that everyone may have access to it at a place and time individually chosen.
6. In the event of a breach of the prohibition referred to in this section, including infringement of copyrights, the Seller has the right to claim damages and compensation from the Client. The Client may bear civil or criminal liability in this respect.
7. The Seller has the right to carry out periodic updates of the Products.
8. Polish law shall apply to these Terms and Conditions.

§19 Content Restrictions – Illegal Content and Content in Breach of these Terms, Reporting of Illegal Content, Contact Point

1. The Client is obliged to use the Service in a lawful and ethical manner, with respect for personal rights as well as copyrights and intellectual property rights of the Seller and third parties.
2. It is prohibited to post unlawful content.
3. Content may not promote, endorse, or depict (including through links to other websites) the commission of crimes referred to in Directive (EU) 2017/541 (the “Directive”), such as in particular:
   • Human trafficking, i.e.: recruitment, transportation, transfer, harbouring or receipt of persons; use of threats, violence, coercion, abduction, fraud, deception; abuse of power, exploitation of a vulnerable situation; giving or receiving payments or benefits to obtain the consent of a person having control over another person for the purpose of exploitation.
   • Terrorism-related offences (full catalogue in Article 3(1) of the Directive), committed for the purpose of intimidating the population, unlawfully compelling a government or international organisation to act or abstain from acting, or destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation. Examples include:
     - Attacks on human life likely to cause death.
     - Attacks on the physical integrity of a person.
     - Kidnapping or hostage-taking.
     - Manufacturing, possession, acquisition, transport, supply or use of explosives or weapons (including chemical, biological, radiological or nuclear weapons), as well as related research and development.
     - Illegal interference with information systems causing serious harm or directed against critical infrastructure.
     - Illegal interference with computer data within a critical infrastructure system.
     - Threats to commit any of the above offences.
   • Disseminating or making available to the public messages inciting the commission of the offences referred to in the Directive, where such activity supports the commission of terrorist offences and creates a danger of them being committed.
   • Soliciting others to commit or contribute to the commission of offences referred to in the Directive.
   • Providing or collecting funds, directly or indirectly, with the intention of their use to commit terrorist offences.
   • Producing or using false official documents with the intention of committing the offences referred to in the Directive.
4. Content may not contain information that:
   • infringes moral rights or economic copyrights,
   • violates good morals or social norms, offends dignity or infringes personal rights of others, including the right to image,
   • is vulgar, offensive, promotes radical social attitudes or expresses such views (including any discrimination on racial, ethnic, gender or religious grounds, or promoting hatred, etc.), or contains pornographic content,
   • constitutes advertising prohibited by the Polish Act on Combating Unfair Competition of 16 April 1993 or the Polish Act on Counteracting Unfair Market Practices of 23 July 2007,
   • is misleading commercial information.
5. The Seller prevents the dissemination of terrorist content in accordance with Regulation (EU) 2021/784 and of illegal content in accordance with the DSA (Regulation (EU) 2022/2065).
   • The Seller has established a central contact point (the “Contact Point”) for direct electronic communication with Member States’ authorities, the Commission, and the European Board for Digital Services in accordance with the DSA, in the form of a contact form available at: https://shop.gosiaherba.com/pl/pages/contact. The Contact Point also handles orders to act against illegal content and orders to provide information.
   • The Contact Point has been established in order to comply with Article 11 of the DSA.
   • The Contact Point is responsible for handling orders related to action against illegal content under Article 9 DSA and orders to provide information under Article 10 DSA, transmitted to the Seller by competent judicial and administrative authorities.
   • Users may also use the Contact Point for direct and quick communication with the Seller.
   • The Contact Point handles communication in Polish and English.
   • Reports concerning illegal content must be submitted to the Seller exclusively via the dedicated Contact Point available in the Service. Reports must contain all required information indicated in the form (form available below).
   • The Seller will inform the reporting party of receipt of the report and the manner in which it has been dealt with, by email.
   • The Seller does not proactively review content posted by Users.
   • Complaints regarding the Seller’s actions relating to terrorist or illegal content must be submitted in accordance with the complaint procedure described in these Terms and Conditions.
6. The Seller shall suspend the provision of services for a reasonable period of time, after prior warning, to service recipients who frequently transmit manifestly illegal content. Furthermore, the Seller shall suspend for a reasonable period of time, after prior warning, the processing of notices submitted via notice-and-action mechanisms and complaints lodged via internal complaint-handling systems, as referred to in Articles 16 and 20 DSA, by persons or entities that frequently submit manifestly unfounded notices or complaints.
7. The Seller shall take decisions to suspend services only after a thorough case-by-case assessment, in a timely and objective manner and with due diligence. The Seller shall assess whether the service recipient, person, entity, or complainant is engaging in the abuse referred to in point 6, taking into account all relevant facts and circumstances available. These circumstances include at least:
   • the number of manifestly illegal content items or manifestly unfounded notices or complaints submitted during a given period,
   • the proportion of that number in relation to the total number of items of information transmitted or notices submitted during the same period,
   • the gravity of the abuse, including the nature of the illegal content and its consequences,
   • the intent of the service recipient, person, entity, or complainant, where it can be established.
8. To the extent not regulated herein, the provisions of the DSA apply.

§20 Final Provisions

1. During the period of force majeure, the Parties to the Agreement shall be released from any liability for non-performance or improper performance of the Agreement, provided that the circumstances of force majeure prevent performance. The above also applies to the period directly preceding or following the occurrence of force majeure, if during such period the impact of force majeure constitutes an obstacle to performance of the Agreement.
2. “Force majeure” means an event of a sudden or natural character, beyond the control and will of the Parties, which could not have been foreseen and which could not have been prevented, in particular events such as: flood, war, terrorist act, or introduction of a state of emergency.
3. If the Client is located outside the Seller’s country, the Client shall inform the Seller of their place of residence/registered office, in order to enable proper tax settlement in accordance with the applicable regulations.
4. When using the Products, the Client is prohibited from acting in a manner contrary to law, good morals, or infringing the personal rights of third parties, as well as from providing unlawful information.
5. Alternative dispute resolution and complaint handling. The Consumer has the possibility to apply to:
   • a permanent consumer arbitration court with an application for resolution of a dispute arising from a concluded Agreement,
   • a provincial inspector of the Trade Inspection with an application to initiate mediation proceedings for the amicable resolution of a dispute between the Client and the Seller,
   • a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection, in order to obtain assistance with the Agreement,
   • or make use of the ODR platform, which serves to resolve disputes between consumers and traders: http://ec.europa.eu/consumers/odr.
6. The Seller reserves the right to amend these Terms and Conditions for valid reasons, including in particular due to changes in applicable laws, to the extent such changes require amendments, in particular amendments to the Polish Civil Code, the Polish Consumer Rights Act, the Polish Act on the Provision of Electronic Services, as well as by virtue of binding decisions of UOKiK (Polish Competition and Consumer Protection Office), PUODO (Polish Data Protection Office), or court rulings to the extent corresponding to such decisions/judgments, and in the case of a significant change in business conditions, where there is a causal link between such change and the cost of providing services by the Seller.
7. The governing law is Polish law, subject to section 9.
8. The competent court is a Polish court, subject to section 9.
9. In the case of a Client who is a consumer, the provisions of these Terms and Conditions do not deprive the consumer of protection granted by the law of the country of their habitual residence, which cannot be excluded by agreement. If the laws applicable in the consumer’s country are more favourable to them, and such provisions cannot be excluded by agreement, they shall apply to the Agreement concluded between the Client and the Seller.
10. The rules regarding the processing of personal data are set out in the Privacy Policy.
11. These Terms and Conditions shall enter into force on 2025-08-05.

§21 Additional Provisions Concerning Entrepreneurs

1. The provisions of this section apply to an Entrepreneur who is not an Entrepreneur with Consumer rights.
2. The competent court to resolve disputes between the Seller and an Entrepreneur who is not an Entrepreneur with Consumer rights is the court having jurisdiction over the Seller’s registered office, excluding Article 46 §2 of the Polish Code of Civil Procedure.
3. The Seller has the right to terminate the Agreement with an Entrepreneur who is not an Entrepreneur with Consumer rights with immediate effect. For this purpose, the Seller shall send to the Entrepreneur, at the email address or correspondence address, a declaration of termination. The Entrepreneur waives any claims in this respect.
4. The Seller shall not be liable for lost profits in relation to an Entrepreneur who is not an Entrepreneur with Consumer rights.
5. With regard to Entrepreneurs who are not Entrepreneurs with Consumer rights, all liability under statutory warranty (rękojmia) for physical and legal defects of the Goods sold is excluded. Such Entrepreneurs are obliged to check the Goods upon receipt and report any remarks directly upon delivery.
6. Entrepreneurs who are not Entrepreneurs with Consumer rights are not entitled to withdraw from the Agreement.
7. The provisions of these Terms and Conditions regarding returns and complaints do not apply to Entrepreneurs who are not Entrepreneurs with Consumer rights.
8. The Seller’s liability towards an Entrepreneur who is not an Entrepreneur with Consumer rights is limited to twice the Seller’s remuneration under the Agreement performed, unless the damage was caused intentionally.

Appendix No. 1

TEMPLATE WITHDRAWAL FORM

Complete this form only if you wish to withdraw from the Agreement.

Appendix No. 2

COMPLAINT FORM

Complete this form if you wish to submit a complaint regarding the non-conformity of the Product with the Agreement.

Appendix No. 3

NOTICE OF ILLEGAL CONTENT

Complete this form if you wish to report illegal content, content that violates the terms of service, or harmful content published via the platform shop.gosiaherba.com, in particular: content promoting terrorism, depicting child sexual abuse, spreading racism and xenophobia, infringing intellectual property rights, cyberstalking, sale of counterfeit or non-compliant products, violation of consumer protection rights, unlawful use of copyrighted material, illegal provision of accommodation services, and illegal sale of live animals.