Terms & policies

The ombre.com Online Store respects consumer rights. A consumer may not waive the rights granted to them under the Consumer Rights Act. Contractual provisions less favourable to the consumer than the provisions of the Consumer Rights Act are invalid, and the provisions of the Consumer Rights Act apply in their place. Therefore, the provisions of these Terms and Conditions are not intended to exclude or limit any rights of consumers to which they are entitled under mandatory provisions of law, and any doubts should be interpreted in favour of the consumer. In the event of any inconsistency between the provisions of these Terms and Conditions and the above provisions of law, those provisions of law shall prevail and shall apply.

1.1. The Online Store available at the internet address ombre.com is operated by ESPIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ (a limited liability company) with its registered office in Łapy (registered office address and address for service: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy), entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) under KRS number 0001102659, whose registration files are kept by the Sąd Rejonowy w Białymstoku, XII Wydział Gospodarczy Krajowego Rejestru Sądowego (District Court in Białystok, 12th Commercial Division of the National Court Register), with a share capital of PLN 200,000.00, NIP (tax identification number) 5751836440, REGON (statistical number) 240826493, e-mail address: [email protected] and contact telephone number: 22 5994 204.

1.2. These Terms and Conditions are addressed both to consumers and to entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions states otherwise.

1.3. The controller of personal data processed in the Online Store in connection with the performance of the provisions of these Terms and Conditions is the Seller. Personal data are processed for the purposes, for the period and on the basis of the legal grounds and principles set out in the privacy policy published on the website of the Online Store. The privacy policy contains, above all, the rules concerning the processing of personal data by the Controller in the Online Store, including the legal grounds, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of cookies and analytical tools in the Online Store. Using the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and the Seller's statutory obligations).

1.4. Definitions:

1.4.1. DIGITAL SERVICES ACT, ACT – 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) (Dz.U. L 277 z 27.10.2022, s. 1–102).

1.4.2. BUSINESS DAY – one day from Monday to Friday, excluding public holidays.

1.4.3. REGISTRATION FORM – a form available in the Online Store enabling the creation of an Account.

1.4.4. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling an Order to be placed, in particular by adding Products to an electronic shopping basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.

1.4.5. CUSTOMER – (1) a natural person with full legal capacity and, in cases provided for by generally applicable provisions of law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – who has concluded or intends to conclude a Sales Agreement with the Seller.

1.4.6. CIVIL CODE – the Polish Civil Code Act of 23 April 1964 (Dz.U. 1964 nr 16, poz. 93 ze zm.).

1.4.7. ACCOUNT – an Electronic Service, a set of resources in the Service Provider's ICT system, marked with an individual name (login) and a password provided by the Service Recipient, in which the data provided by the Service Recipient and information about the Orders placed by them in the Online Store are stored.

1.4.8. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider by e-mail, which enables all Service Recipients using it to automatically receive from the Service Provider periodic content of successive editions of the newsletter containing information about Products, new arrivals and promotions in the Online Store.

1.4.9. ILLEGAL CONTENT – information which, in itself or in relation to an activity, including the sale of Products or the provision of Electronic Services, is not in compliance with the law of the European Union or with the law of any Member State which is in compliance with the law of the European Union, irrespective of the precise subject matter or nature of that law.

1.4.10. PRODUCT – (1) a movable item (including a movable item with digital elements, i.e. one that incorporates or is inter-connected with digital content or a digital service in such a way that the absence of the digital content or digital service would prevent it from functioning properly), (2) digital content, (3) a service (including a digital service and a non-digital service) or (4) a right, being the subject of a Sales Agreement between the Customer and the Seller.

1.4.11. TERMS AND CONDITIONS – these terms and conditions of the Online Store.

1.4.12. ONLINE STORE – the Service Provider's online store available at the internet address: ombre.com.

1.4.13. SELLER; SERVICE PROVIDER – ESPIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łapy (registered office address and address for service: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001102659; registry court where the company's documentation is kept: Sąd Rejonowy w Białymstoku, XII Wydział Gospodarczy Krajowego Rejestru Sądowego; share capital: PLN 200,000.00; NIP: 5751836440; REGON: 240826493, e-mail address: [email protected] and contact telephone number: 22 5994 204.

1.4.14. SALES AGREEMENT – a contract of sale of a Product (in the case of movable items and movable items with digital elements), (2) a contract for the supply of a Product (in the case of digital content or a digital service), (3) a contract for the provision or use of a Product (in the case of a non-digital service and other Products), to be concluded or concluded between the Customer and the Seller via the Online Store.

1.4.15. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store and which is not a Product.

1.4.16. SERVICE RECIPIENT – (1) a natural person with full legal capacity and, in cases provided for by generally applicable provisions of law, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality to which the law grants legal capacity – using or intending to use an Electronic Service.

1.4.17. CONSUMER RIGHTS ACT – the Polish Act of 30 May 2014 on consumer rights (Dz.U. 2014 poz. 827 ze zm.)

1.4.18. ORDER – the Customer's declaration of intent submitted by means of the Order Form and aimed directly at concluding a Sales Agreement for a Product with the Seller.

2.1. The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter.

2.1.1. Account – the Account may be used once the Service Recipient has completed two consecutive steps – (1) filling in the Registration Form and (2) clicking the action button. In the Registration Form, the Service Recipient must provide the following data: e-mail address and password.

2.1.1.1. The Account Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, delete the Account (cancel the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: [email protected] or in writing to: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy.

2.1.2. Order Form – use of the Order Form begins when the Customer adds the first Product to the electronic shopping basket in the Online Store. An Order is placed once the Customer has completed two consecutive steps – (1) filling in the Order Form and (2) after filling in the Order Form, clicking the “Buy and pay” button on the Online Store website – until that moment, the Customer may modify the data entered (to do so, follow the messages displayed and the information available on the Online Store website). In the Order Form, the Customer must provide the following data concerning the Customer: first name and surname/company name, address (street, house/flat number, postal code, town, country), e-mail address, contact telephone number, as well as data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), and method of payment. Customers who are not consumers must also provide their company name and NIP (tax identification number).

2.1.2.1. The Order Form Electronic Service is provided free of charge, is of a one-off nature and terminates at the moment the Order is placed through it or at the moment the Service Recipient stops placing the Order through it earlier.

2.1.3. Newsletter – the Newsletter may be used after entering, in the Newsletter tab visible on the Online Store website, the e-mail address to which successive editions of the Newsletter are to be sent, and clicking the action button.

2.1.3.1. The Newsletter Electronic Service is provided free of charge for an indefinite period. The Service Recipient may, at any time and without giving any reason, unsubscribe from the Newsletter (cancel the Newsletter) by sending an appropriate request to the Service Provider, in particular by e-mail to: [email protected] or in writing to: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy.

2.2. Technical requirements necessary to cooperate with the ICT system used by the Service Provider: (1) a computer, laptop or other multimedia device with Internet access; (2) access to e-mail; (3) an up-to-date version of one of the following web browsers: Mozilla Firefox; Opera; Google Chrome; Safari; Microsoft Edge; (4) a device with a screen at least 320 pixels wide – the Online Store website adapts responsively to the screen resolution of the device; (5) enabling the storage of Cookies and Javascript support in the web browser.

2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good practice, having regard to respect for personal rights as well as copyright and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data that are true. The Service Recipient is prohibited from providing unlawful content, including Illegal Content.

2.4. The complaint procedure concerning Electronic Services is set out in section 6. of the Terms and Conditions.

3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.

3.2. The price of a Product or the remuneration for a Product shown on the Online Store website is stated in the currency applicable to the country of delivery selected by the Customer in the Online Store (in particular in Polish zloty, euro, Czech koruna or Romanian lei) and includes taxes. The Customer is informed on the Online Store website, including during the placing of the Order and at the moment the Customer expresses the will to be bound by the Sales Agreement, of the total price or remuneration including taxes , and where the nature of the Product does not reasonably allow them to be calculated in advance - of the manner in which they will be calculated, as well as of delivery costs (including transport, delivery or postal charges) and other costs, and where the amount of these charges cannot be determined – of the obligation to pay them.

3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form

3.3.1. A Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with section 2.1.2 of the Terms and Conditions.

3.3.2. After the Order has been placed, the Seller promptly confirms its receipt and at the same time accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing takes place by the Seller sending the Customer an appropriate e-mail message to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statements of receipt of the Order and of its acceptance for processing, as well as confirmation of the conclusion of the Sales Agreement. The Sales Agreement between the Customer and the Seller is concluded at the moment the Customer receives the above e-mail message.

3.4. The content of the Sales Agreement being concluded is recorded, secured and made available to the Customer by (1) making these Terms and Conditions available on the Online Store website and (2) sending the Customer the e-mail message referred to in section 3.3.2. of the Terms and Conditions. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.

4.1. The Seller makes the following methods of payment under the Sales Agreement available to the Customer:

4.1.1. Payment by bank transfer to the Seller's bank account.

4.1.2. Payment on delivery (cash on delivery) – available only for the delivery methods and countries for which this option is indicated during the placing of the Order.

4.1.3. Electronic payments and payment card payments via the Przelewy24 or PayPal service – the currently available payment methods are specified on the Online Store website during the placing of the Order.

4.1.3.1. Settlements of electronic payment and payment card transactions are carried out, at the Customer's choice, via the Przelewy24 or PayPal service. Electronic payments and payment card payments are handled by:

4.1.3.1.1. Przelewy24 – PayPro S.A. with its registered office in Poznań (address: ul. Pastelowa 8, 60-198 Poznań), entered in the Register of Entrepreneurs of the National Court Register under KRS number 0000347935;

4.1.3.1.2. PayPal – PayPal (Europe) S.à r.l. et Cie, S.C.A. with its registered office in Luxembourg (address: 22-24 Boulevard Royal, L-2449 Luxembourg).

4.2. Payment deadline:

4.2.1. If the Customer chooses payment by bank transfer, electronic payment or payment by payment card, the Customer is obliged to make the payment within 7 calendar days of the date of conclusion of the Sales Agreement.

4.2.2. If the Customer chooses payment on delivery – the Customer is obliged to make the payment upon delivery.

5.1. Delivery of the Product is available within the territory of the Republic of Poland and within the territory of other countries indicated each time during the placing of the Order and in the information on delivery costs and methods available on the Online Store website.

5.2. Delivery of the Product to the Customer is subject to a charge, unless the Sales Agreement provides otherwise. The costs of delivery of the Product (including transport, delivery and postal charges) are indicated to the Customer on the Online Store website in the information tab concerning delivery costs and during the placing of the Order, including at the moment the Customer expresses the will to be bound by the Sales Agreement.

5.3. The Seller makes the following methods of delivery or collection of the Product available to the Customer:

5.3.1. Courier delivery.

5.4. The time of delivery of the Product to the Customer is up to 7 Business Days, unless a shorter time is stated in the description of the given Product or during the placing of the Order. In the case of Products with different delivery times, the delivery time is the longest time stated, which, however, may not exceed 7 Business Days. The delivery time of the Product to the Customer starts to run as follows:

5.4.1. If the Customer chooses payment by bank transfer, electronic payment or payment card – from the date on which the Seller's bank account or settlement account is credited.

5.4.2. If the Customer chooses payment on delivery – from the date of conclusion of the Sales Agreement.

6.1. This section 6. of the Terms and Conditions sets out the complaint procedure common to all complaints submitted to the Seller, in particular complaints concerning Products, Sales Agreements, Electronic Services and other complaints related to the activities of the Seller or the Online Store.

6.2. A complaint may be submitted, for example:

6.2.1. in writing to the address: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy;

6.2.2. electronically by e-mail to: [email protected].

6.3. The Product may be sent or returned as part of a complaint to the address: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy.

6.4. It is recommended that the description of the complaint include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the irregularity or lack of conformity with the contract; (2) a request as to the manner of bringing the item into conformity with the contract, or a statement on price reduction or withdrawal from the contract, or another claim; and (3) the contact details of the person submitting the complaint – this will facilitate and speed up the handling of the complaint. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description.

6.5. If the contact details provided by the person submitting the complaint change while the complaint is being handled, that person is obliged to notify the Seller thereof.

6.6. The person submitting the complaint may attach to the complaint evidence (e.g. photographs, documents or the Product) related to the subject of the complaint. The Seller may also ask the person submitting the complaint to provide additional information or to send evidence (e.g. photographs) if this will facilitate and speed up the handling of the complaint by the Seller.

6.7. The Seller will respond to the complaint promptly, no later than within 14 calendar days of the date of its receipt.

6.8. The basis and scope of the Seller's statutory liability are set out in generally applicable provisions of law, in particular in the Civil Code, the Consumer Rights Act and the Polish Act of 18 July 2002 on the provision of electronic services (Dz.U. Nr 144, poz. 1204 ze zm.). Below is additional information on the Seller's liability, as provided by law, for the conformity of the Product with the Sales Agreement:

6.8.1. In the case of a complaint concerning a Product – a movable item (including a movable item with digital elements), excluding, however, a movable item which serves exclusively as a carrier of digital content – the Seller's liability is governed by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43a - 43g of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller's liability towards the consumer in the event of a lack of conformity of the Product with the Sales Agreement.

6.8.2. In the case of a complaint concerning a Product – digital content or a digital service, or a movable item which serves exclusively as a carrier of digital content – the Seller's liability is governed by the provisions of the Consumer Rights Act as in force from 1 January 2023, in particular Articles 43h – 43q of the Consumer Rights Act. These provisions set out, in particular, the basis and scope of the Seller's liability towards the consumer in the event of a lack of conformity of the Product with the Sales Agreement.

6.9. In addition to statutory liability, a guarantee may be granted for the Product – this is contractual (additional) liability and may be used where the given Product is covered by a guarantee. The guarantee may be granted by an entity other than the Seller (e.g. by the manufacturer or distributor). Detailed terms of liability under the guarantee, including the details of the entity responsible for performing the guarantee and of the person entitled to use it, are available in the description of the guarantee, e.g. in the guarantee card or elsewhere concerning the granting of the guarantee. The Seller points out that in the event of a lack of conformity of the Product with the contract, the Customer is entitled by law to legal remedies on the part and at the expense of the Seller, and that the guarantee does not affect these legal remedies.

6.10. The provisions concerning the consumer contained in sections 6.8.1. and 6.8.2 of the Terms and Conditions also apply to a Customer who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity carried out by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEIDG).

7.1. Methods of resolving disputes without the involvement of a court include, among others, (1) enabling the positions of the parties to be brought closer together, e.g. through mediation; (2) proposing a solution to the dispute, e.g. through conciliation; and (3) resolving the dispute and imposing its solution on the parties, e.g. through arbitration (arbitration court). Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of handling complaints and pursuing claims, the rules of access to these procedures and a user-friendly search engine of entities dealing with amicable dispute resolution are available on the website of the Office of Competition and Consumer Protection (Urząd Ochrony Konkurencji i Konsumentów, UOKiK) at: https://polubowne.uokik.gov.pl/.

7.2. A contact point operates at the President of the Office of Competition and Consumer Protection, whose tasks include, among others, providing consumers with information on out-of-court resolution of consumer disputes. The consumer may contact the contact point: (1) by telephone – by calling 22 55 60 332 or 22 55 60 333; (2) by e-mail – by sending a message to: [email protected] or (3) in writing or in person – at the Office's Headquarters at plac Powstańców Warszawy 1 in Warsaw (00-030).

7.3. The consumer has, for example, the following options for using out-of-court methods of handling complaints and pursuing claims: (1) a request for dispute resolution to a permanent consumer arbitration court; (2) a request for out-of-court resolution of a dispute to the voivodeship inspector of the Trade Inspection; or (3) assistance of a district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (among others, the Federacja Konsumentów (Consumer Federation) and the Stowarzyszenie Konsumentów Polskich (Association of Polish Consumers)). Advice is provided, among others, by e-mail at [email protected] and via the consumer helpline 801 440 220 (the helpline is open on Business Days from 8:00 to 18:00, call charges according to the operator's tariff).

8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring any costs, except for the costs specified in section 8.7. of the Terms and Conditions. To meet the deadline, it is sufficient to send the statement before it expires. The statement of withdrawal from the contract may be submitted, for example:

8.1.1. in writing to the address: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy;

8.1.2. electronically by e-mail to: [email protected].

8.2. Products - movable items (including movable items with digital elements) may be returned as part of the withdrawal from the contract to the address: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy.

8.3. The period for withdrawal from the contract begins:

8.3.1. for a contract under which the Seller delivers the Product while being obliged to transfer its ownership – from the moment the consumer or a third party indicated by the consumer, other than the carrier, takes possession of the Product, and in the case of a contract which: (1) covers multiple Products delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists in the regular delivery of Products for a fixed period – from taking possession of the first of the Products;

8.3.2. for other contracts – from the date of conclusion of the contract.

8.4. In the event of withdrawal from a distance contract, the contract is deemed not to have been concluded.

8.5. Products - movable items, including movable items with digital elements:

8.5.1. The Seller is obliged, promptly and no later than within 14 calendar days of the date of receipt of the consumer's statement of withdrawal from the contract, to reimburse the consumer all payments made by the consumer, including the costs of delivery of the Product - a movable item, including a movable item with digital elements (except for additional costs resulting from the consumer's choice of a delivery method other than the least expensive standard delivery method available in the Online Store). The Seller makes the reimbursement using the same means of payment as used by the consumer, unless the consumer has expressly agreed to a different means of reimbursement which does not involve any costs for the consumer. In the case of Products - movable items (including movable items with digital elements) - if the Seller has not offered to collect the Product from the consumer itself, it may withhold the reimbursement of payments received from the consumer until it has received the Product back or the consumer has supplied evidence of having sent it back, whichever occurs first.

8.5.2. In the case of Products - movable items (including movable items with digital elements) - the consumer is obliged, promptly and no later than within 14 calendar days of the date on which they withdrew from the contract, to return the Product to the Seller or hand it over to a person authorised by the Seller to collect it, unless the Seller has offered to collect the Product itself. To meet the deadline, it is sufficient to send the Product back before it expires.

8.5.3. The consumer is liable for any diminished value of the Product - a movable item (including a movable item with digital elements) - resulting from handling it beyond what is necessary to establish the nature, characteristics and functioning of the Product.

8.6. Products – digital content or digital services:

8.6.1. In the event of withdrawal from a contract for the supply of a Product - digital content or a digital service - the Seller may not, from the date of receipt of the consumer's statement of withdrawal from the contract, use any content other than personal data provided or created by the consumer when using the Product – digital content or digital service – supplied by the Seller, except for content which: (1) has no utility outside the context of the digital content or digital service that was the subject of the contract; (2) relates exclusively to the consumer's activity when using the digital content or digital service supplied by the Seller; (3) has been aggregated by the trader with other data and cannot be disaggregated or can be disaggregated only with disproportionate effort; (4) has been generated jointly by the consumer and other consumers who can continue to make use of it. Except in the cases referred to above in points (1)–(3,) the Seller shall, at the consumer's request, make available to the consumer any content other than personal data which was provided or created by the consumer when using the digital content or digital service supplied by the Seller. In the event of withdrawal from the contract, the Seller may prevent the consumer from any further use of the digital content or digital service, in particular by making the digital content or digital service inaccessible to the consumer or by disabling the user account, without prejudice to the consumer's rights referred to in the preceding sentence. The consumer has the right to retrieve the digital content from the Seller free of charge, without hindrance from the Seller, within a reasonable time and in a commonly used and machine-readable format.

8.6.2. In the event of withdrawal from a contract for the supply of a Product – digital content or a digital service, the consumer is obliged to refrain from using that digital content or digital service and from making it available to third parties.

8.7. Possible costs related to the consumer's withdrawal from the contract which the consumer is obliged to bear:

8.7.1. In the case of Products - movable items (including movable items with digital elements) - if the consumer has chosen a method of delivery of the Product other than the least expensive standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by the consumer.

8.7.2. In the case of a Product - a service whose performance began, at the express request of the consumer, before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal after making such a request is obliged to pay for the services performed until the moment of withdrawal from the contract. The amount of payment is calculated in proportion to the extent of the service performed, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the basis for calculating this amount is the market value of the service performed.

8.7.3. The consumer bears the direct cost of returning the Product to the Seller (the cost of sending the parcel back).

8.7.4. If the consumer withdraws from the contract only in respect of some of the Products in the order, the Seller refunds the price of those Products; the cost of delivering the order is refunded only in the event of withdrawal from the contract in its entirety.

8.8. The right of withdrawal from a distance contract does not apply to the consumer in respect of contracts:

8.8.1. (1) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy the consumer's individualised needs; (2) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - supplied in a sealed package which cannot be returned after opening for health protection or hygiene reasons, if the package has been opened after delivery.

8.9. The provisions concerning the consumer contained in this section 8. of the Terms and Conditions also apply to a Service Recipient or Customer who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity carried out by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEIDG).

9.1. This section 9. of the Terms and Conditions and all provisions contained therein are addressed to, and thus binding only on, a Customer or Service Recipient who is neither a consumer nor a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity carried out by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEIDG).

9.2. The Seller has the right to withdraw from the Sales Agreement within 14 calendar days of the date of its conclusion. In this case, withdrawal from the Sales Agreement may take place without giving any reason and does not give rise to any claims on the part of the Customer against the Seller.

9.3. The Seller's liability under the statutory warranty for the Product or for a lack of conformity of the Product with the Sales Agreement is excluded.

9.4. The Seller will respond to the complaint within 30 calendar days of the date of its receipt.

9.5. The Seller has the right to limit the available methods of payment, including requiring prepayment in whole or in part, irrespective of the method of payment chosen by the Customer and of the fact that the Sales Agreement has been concluded.

9.6. The Service Provider may terminate the contract for the provision of an Electronic Service with immediate effect and without giving reasons by sending an appropriate statement to the Service Recipient.

9.7. The liability of the Service Provider/Seller towards the Service Recipient/Customer, irrespective of its legal basis, is limited to the extent permitted by law – both for a single claim and for all claims in total – to the amount of the price paid and the delivery costs under the Sales Agreement, but not more than the amount of one thousand zloty. The monetary limitation referred to in the preceding sentence applies to all claims made by the Service Recipient/Customer against the Service Provider/Seller, including where no Sales Agreement has been concluded or the claims are unrelated to the Sales Agreement. The Service Provider/Seller is liable towards the Service Recipient/Customer only for typical damage foreseeable at the time of conclusion of the contract and is not liable for lost profits. The Seller is also not liable for delay in the carriage of the shipment.

9.8. All disputes arising between the Seller/Service Provider and the Customer/Service Recipient shall be submitted to the court having jurisdiction over the registered office of the Seller/Service Provider.

10.1. The Seller enables its Customers to post and access reviews of Products and of the Online Store on the terms set out in this section of the Terms and Conditions.

10.2. A Customer may post a review by using the form enabling a review of a Product or of the Online Store to be added. This form may be made available directly on the Online Store website (including by means of an external widget) or may be made available by means of an individual link received by the Customer after the purchase at the e-mail address provided by the Customer. When adding a review, the Service Recipient may also add a graphic rating or a photograph of the Product – if such an option is available in the review form.

10.3. A review of a Product may be posted by any Service Recipient using the Online Store. The Seller informs that it does not verify whether reviews of Products come from Customers who have purchased the given Product. It is prohibited to conclude fictitious or sham Sales Agreements for the purpose of posting a review of a Product. A review of the Online Store may be posted by a person who is a Customer of the Online Store.

10.4. Adding reviews by Customers may not be used for unlawful activities, in particular activities constituting an act of unfair competition or activities infringing personal rights, intellectual property rights or other rights of the Seller or third parties. When adding a review, the Customer is obliged to act in accordance with the law, these Terms and Conditions and good practice.

10.5. Reviews may be made available directly on the Online Store website (e.g. next to the given Product) or on an external review-collecting service with which the Seller cooperates and to which it refers on the Online Store website (including by means of an external widget placed on the Online Store website).

10.6. The Seller informs that it does not ensure verification of whether published reviews of Products come from Customers who have purchased the given Product. In the event of doubts on the part of the Seller, or of objections addressed to the Seller by other Customers or third parties, as to whether a given review comes from a Customer or whether a given Customer has purchased the given Product, the Seller reserves the right to contact the author of the review in order to clarify and confirm that they are actually a Customer of the Online Store or have purchased the reviewed Product.

10.7. Any comments, appeals against the verification of reviews, or objections as to whether a given review comes from a Customer or whether a given Customer has purchased the given Product may be submitted in a manner analogous to the complaint procedure set out in section 6. of the Terms and Conditions.

10.8. The Seller does not post, or commission another person to post, false reviews or recommendations of Customers, and does not distort reviews or recommendations of Customers in order to promote its Products. The Seller makes available both positive and negative reviews. The Seller makes available sponsored reviews (e.g. reviews by testers or content creators who receive a Product in exchange for a review) and clearly marks them as sponsored reviews.

11.1. This section of the Terms and Conditions contains provisions resulting from the Digital Services Act insofar as it concerns the Online Store and the Service Provider. As a rule, the Service Recipient is not obliged to provide content when using the Online Store, unless the Terms and Conditions require certain data to be provided (e.g. data for placing an Order). The Service Recipient may be able to add a review or comment in the Online Store using the tools made available for this purpose by the Service Provider. In each case where the Service Recipient provides content, they are obliged to comply with the rules contained in the Terms and Conditions.

11.2. CONTACT POINT - The Service Provider designates the e-mail address [email protected] as its single point of contact. The contact point enables direct communication between the Service Provider and the authorities of the Member States, the European Commission and the European Board for Digital Services and, at the same time, enables recipients of the service (including Service Recipients) to communicate directly, rapidly and in a user-friendly manner with the Service Provider by electronic means, for the purposes of applying the Digital Services Act. The Service Provider indicates Polish and English as the languages for communication with its contact point.

11.3. Procedure for notifying Illegal Content and action in accordance with Article 16 of the Digital Services Act:

11.3.1. Any individual or entity may notify the Service Provider, at the e-mail address [email protected], of the presence of specific items of information that the individual or entity considers to be Illegal Content.

11.3.2. The notice should be sufficiently precise and adequately substantiated. To this end, the Service Provider enables and facilitates the submission, to the e-mail address indicated above, of notices containing all of the following elements: (1) a sufficiently substantiated explanation of the reasons why the individual or entity alleges the information in question to be Illegal Content; (2) a clear indication of the exact electronic location of that information, such as the exact URL or URLs, and, where necessary, additional information enabling the identification of the Illegal Content adapted to the type of content and to the specific type of service; (3) the name and e-mail address of the individual or entity submitting the notice, except in the case of information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and (4) a statement confirming the bona fide belief of the individual or entity submitting the notice that the information and allegations contained therein are accurate and complete.

11.3.3. The notice referred to above shall be considered to give rise to actual knowledge or awareness for the purposes of Article 6 of the Digital Services Act in respect of the specific item of information concerned where it allows the Service Provider, acting diligently, to identify the illegality of the relevant activity or information without a detailed legal examination.

11.3.4. Where the notice contains the electronic contact information of the individual or entity that submitted it, the Service Provider shall, without undue delay, send a confirmation of receipt of the notice to that individual or entity. The Service Provider shall also, without undue delay, notify that individual or entity of its decision in respect of the information to which the notice relates, providing information on the possible means of redress in respect of that decision.

11.3.5. The Service Provider processes all notices that it receives under the mechanism referred to above and takes its decisions in respect of the information to which the notices relate in a timely, diligent, non-arbitrary and objective manner. Where the Service Provider uses automated means for such processing or decision-making, it includes information on such use in the notification referred to in the preceding point.

11.4. Information on the restrictions imposed by the Service Provider in relation to the use of the Online Store with regard to information provided by Service Recipients:

11.4.1. The following rules apply to the Service Recipient when providing any content within the Online Store:

11.4.1.1. the obligation to use the Online Store, including for posting content (e.g. as part of reviews or comments), in accordance with its intended purpose, these Terms and Conditions and in a manner consistent with the law and good practice, having regard to respect for personal rights as well as copyright and intellectual property rights of the Service Provider and third parties;

11.4.1.2. the obligation to enter content that is true and not misleading;

11.4.1.3. the prohibition on providing unlawful content, including the prohibition on providing Illegal Content;

11.4.1.4. the prohibition on sending unsolicited commercial information (spam) via the Online Store;

11.4.1.5. the prohibition on providing content that violates generally accepted rules of netiquette, including content that is vulgar or offensive;

11.4.1.6. the obligation to hold – where necessary – all required rights and permissions to provide such content on the Online Store website, in particular copyrights or the required licences, permissions and consents for their use, dissemination, making available or publication, especially the right to publish and disseminate in the Online Store and the right to use and disseminate the image or personal data in the case of content that includes the image or personal data of third parties.

11.4.1.7. the obligation to use the Online Store in a manner that does not pose a threat to the security of the ICT system of the Service Provider, the Online Store or third parties.

11.4.2. The Service Provider reserves the right to moderate content provided by Service Recipients to the Online Store website. Moderation is carried out in good faith and with due diligence, on the Service Provider's own initiative or upon a notice received, in order to detect, identify and remove Illegal Content or other content inconsistent with the Terms and Conditions, or to disable access to it, or to take the necessary measures to comply with the requirements of European Union law and national law in compliance with European Union law, including the requirements set out in the Digital Services Act, or the requirements contained in the Terms and Conditions.

11.4.3. The moderation process may be carried out manually by a human or may be based on automated or partially automated tools that help the Service Provider identify Illegal Content or other content inconsistent with the Terms and Conditions. Once such content has been identified, the Service Provider decides whether to remove it or disable access to it, or otherwise restricts its visibility, or takes other action it deems necessary (e.g. contacts the Service Recipient in order to clarify concerns and change the content). The Service Provider will inform the Service Recipient who provided the content (if it has their contact details), in a clear and easily comprehensible manner, of its decision, the reasons for it and the available possibilities of appealing against that decision.

11.4.4. In exercising its rights and obligations under the Digital Services Act, the Service Provider is obliged to act in a diligent, objective and proportionate manner and with due regard to the rights and legitimate interests of all parties involved, including recipients of the service, in particular having regard to the rights enshrined in the Charter of Fundamental Rights of the European Union, such as freedom of expression, freedom and pluralism of the media, and other fundamental rights and freedoms.

11.5. Any comments, grievances, complaints, appeals or objections concerning decisions or other actions or failures to act taken by the Service Provider on the basis of a notice received, or decisions of the Service Provider taken in accordance with the provisions of these Terms and Conditions, may be submitted in a manner analogous to the complaint procedure set out in section 6. of the Terms and Conditions. Use of this procedure is free of charge and allows complaints to be submitted electronically to the e-mail address provided. Use of the procedure for submitting and handling complaints is without prejudice to the right of the individual or entity concerned to initiate court proceedings and does not affect their other rights.

11.6. The Service Provider handles all comments, grievances, complaints, appeals or objections concerning decisions or other actions or failures to act taken by the Service Provider on the basis of a notice received or a decision taken in a timely, non-discriminatory, objective and non-arbitrary manner. Where a complaint or other submission contains sufficient grounds for the Service Provider to consider that its decision not to act upon the notice is unfounded, or that the information to which the complaint relates is not illegal and not inconsistent with the Terms and Conditions, or contains information indicating that the complainant's conduct does not warrant the measure taken, the Service Provider shall, without undue delay, reverse or change its decision regarding the possible removal of the content or disabling of access to it or other restriction of its visibility, or take other action it deems necessary.

11.7. Service Recipients, and individuals or entities that have submitted notices of Illegal Content, to whom decisions of the Service Provider concerning Illegal Content or content inconsistent with the Terms and Conditions are addressed, have the right to select any out-of-court dispute settlement body certified by the Digital Services Coordinator of a Member State in order to resolve disputes relating to those decisions, including with respect to complaints that have not been resolved by means of the Service Provider's internal complaint-handling system.

12.1. Contracts concluded via the Online Store are concluded in Polish or – at the Customer's choice – in the language of the language version of the Online Store which the Customer uses when placing the Order.

12.2. Amendment of the Terms and Conditions:

12.2.1. The Service Provider reserves the right to amend these Terms and Conditions for important reasons, namely: changes in the law; changes in the methods or deadlines of payment or delivery; being subject to a legal or regulatory obligation; changes in the scope or form of the Electronic Services provided; the addition of new Electronic Services; the need to address an unforeseen and imminent threat related to protecting the Online Store, including the Electronic Services and Service Recipients/Customers, from fraud, malware, spam, data breaches or other cybersecurity threats – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions.

12.2.2. Notice of the proposed changes is sent at least 15 days before the date on which those changes take effect, provided that a change may be introduced without observing the 15-day notice period where the Service Provider: (1) is subject to a legal or regulatory obligation under which it is required to amend the Terms and Conditions in a manner which does not allow it to respect the 15-day notice period; or (2) has to exceptionally amend its Terms and Conditions to address an unforeseen and imminent threat related to protecting the Online Store, including the Electronic Services and Service Recipients/Customers, from fraud, malware, spam, data breaches or other cybersecurity threats. In the last two cases referred to in the preceding sentence, the changes take effect immediately, unless it is possible or necessary to apply a longer period for introducing the changes, of which the Service Provider gives notice each time.

12.2.3. In the case of contracts of a continuing nature (e.g. the provision of the Electronic Service – Account), the Service Recipient has the right to terminate the contract with the Service Provider before the expiry of the notice period for the proposed changes. Such termination becomes effective within 15 days of the date of receipt of the notice. Where a contract of a continuing nature has been concluded, the amended Terms and Conditions are binding on the Service Recipient if they have been properly notified of the changes in accordance with the notice period before their introduction and have not terminated the contract within that period. In addition, at any time after receiving notice of the changes, the Service Recipient may accept the changes being introduced and thereby waive the remainder of the notice period. Where a contract other than a continuing contract has been concluded, the amendments to the Terms and Conditions will in no way infringe the rights acquired by the Service Recipient before the date on which the amendments to the Terms and Conditions take effect; in particular, amendments to the Terms and Conditions will not affect Orders already being placed or placed, or Sales Agreements concluded, being performed or performed.

12.2.4. Should an amendment to the Terms and Conditions result in the introduction of any new fees or an increase in existing fees, the consumer has the right to withdraw from the contract.

12.3. In matters not regulated in these Terms and Conditions, the generally applicable provisions of Polish law apply, in particular: the Civil Code; the Polish Act of 18 July 2002 on the provision of electronic services (Dz.U. 2002 nr 144, poz. 1204 ze zm.); the Consumer Rights Act; and other relevant provisions of generally applicable law.

12.4. These Terms and Conditions do not exclude the provisions in force in the state belonging to the European Economic Area in which the Consumer concluding the Agreement with the Seller/Service Provider has their habitual residence, if those provisions cannot be excluded by agreement. In such a case, the Seller/Service Provider guarantees the Consumer the protection granted to them under the provisions which cannot be excluded by agreement and which are in force in the state of their habitual residence.

(ANNEX NO. 2 TO THE CONSUMER RIGHTS ACT) Model withdrawal form (complete and return this form only if you wish to withdraw from the contract)

• To:
  ESPIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ
  ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy
  ombre.com
  [email protected]
• I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/contract for the supply of the following goods(*)/contract for specific work consisting in the making of the following goods(*)/for the provision of the following service(*)
• Ordered on(*)/received on(*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

A summary of the rules for withdrawing from a contract concluded in the ombre.com Online Shop. The binding provisions are those of the Terms and Conditions and the information on the right of withdrawal.

A consumer may withdraw from the contract without giving any reason within 14 days of the day on which they (or a third party other than the carrier indicated by them) took possession of the product. To meet the deadline, it is sufficient to send the statement before it expires.

The statement may be made in any unambiguous form, in particular: in the Customer account (Create a return), by e-mail to [email protected] or in writing to: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy. You may use the model withdrawal form, but it is not obligatory. The Seller promptly confirms receipt of the statement by e-mail.

The consumer sends the product back to: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy without undue delay and no later than 14 days from the day of withdrawal — it is sufficient to dispatch the parcel before this deadline. The consumer is liable only for any diminished value of the product resulting from handling it beyond what is necessary to establish its nature, characteristics and functioning. The consumer bears the direct cost of returning the product.

The Seller refunds all payments made by the consumer, including the cost of delivering the product (up to the cheapest standard delivery method offered in the Shop), without undue delay and no later than 14 days from the day of receiving the statement of withdrawal — using the same means of payment as the consumer used, unless the consumer expressly agrees to another means that involves no costs for them. The Seller may withhold the refund until it has received the product back or the consumer has supplied proof of having sent it back, whichever is earlier. If the consumer withdraws from the contract only in respect of some of the products in the order, the Seller refunds the price of those products; the cost of delivering the order is refunded only upon withdrawal from the contract in its entirety.

The right of withdrawal does not apply in the cases listed in Article 38 of the Polish Consumer Rights Act, in particular to a product made to the consumer's specifications or clearly personalised.

The above rules also apply to a natural person concluding a contract directly related to their business activity, where the content of the contract shows that it is not of a professional nature for them.

Any questions? Write to: [email protected].

The quickest way to withdraw is our online withdrawal form — all you need is your order number and email address, and the confirmation arrives in your inbox straight away.

The right of withdrawal from a distance contract does not apply to the consumer, among others, in respect of contracts: (1) for the provision of services for which the consumer is obliged to pay the price, where the Seller has fully performed the service with the express and prior consent of the consumer, who was informed before the start of the performance that they would lose the right of withdrawal from the contract once the Seller had performed the service, and acknowledged this; (2) where the subject of the performance is a Product - a movable item (including a movable item with digital elements) - that is non-prefabricated, manufactured according to the consumer's specifications or serving to satisfy the consumer's individualised needs.

Subject to, among others, the exceptions indicated above, as a consumer you have the right to withdraw from a contract concluded in the Online Store within 14 days without giving any reason. The withdrawal period expires after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post or e-mail). You may send the statement, for example:

• in writing to the address: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy;
• electronically by e-mail to: [email protected]

A model withdrawal form is set out in Annex No. 2 to the Consumer Rights Act and is additionally attached to the terms and conditions of the Online Store. You may use the model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If you withdraw from the contract only in respect of some of the goods in the order, we will refund the price of those goods; the delivery costs are refunded only upon withdrawal from the contract in its entirety.

If you have received the purchased goods, please send them back or hand them over to us at the address: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy, without undue delay and in any event not later than 14 days from the day on which you communicated your withdrawal from the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. You will have to bear the direct cost of returning the goods.

The provisions of this notice concerning the consumer also apply to a buyer who is a natural person concluding a contract directly related to their business activity, where the content of that contract shows that it is not of a professional nature for that person, resulting in particular from the subject of the business activity carried out by that person, as made available on the basis of the provisions on the Central Register and Information on Economic Activity (CEIDG).

The newsletter is a free electronic service through which you receive e-mails about new arrivals, collections and promotions in the ombre.com Online Shop. The rules for providing electronic services are set out in the Terms and Conditions.

You can sign up by entering your e-mail address in the form in the page footer or by ticking the relevant box when creating an account or placing an order. Signing up is voluntary and is not a condition of purchase. After you sign up via the footer form, we send a message asking you to confirm — the newsletter starts once you click the link.

You can unsubscribe at any time free of charge: by clicking the “Unsubscribe” link in the footer of any message, by unticking the consent in your account or by writing to [email protected]. Unsubscribing does not affect the lawfulness of messages sent before.

The data controller is the Seller named in the Terms and Conditions. We process your e-mail address to send the newsletter — on the basis of your consent to receive commercial information (Article 398 of the Polish Electronic Communications Law) and our legitimate interest in direct marketing (Article 6(1)(f) GDPR), until you unsubscribe or object. Details and your rights are described in the Privacy Policy.

Complaints about the newsletter can be sent to [email protected]. We reply within 14 days.

1.1. This privacy policy of the Online Store is for information purposes only, which means that it does not give rise to any obligations for Service Recipients or Customers of the Online Store. The privacy policy sets out, above all, the rules concerning the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of processing of personal data and the rights of data subjects, as well as information on the use of Cookies and analytical tools in the Online Store.

1.2. The controller of the personal data collected via the Online Store is ESPIR SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office in Łapy (registered office address and address for service: ul. Ppłk. Nilskiego-Łapińskiego 46, 18-100 Łapy); entered in the Register of Entrepreneurs of the National Court Register under KRS number 0001102659; registry court where the company's documentation is kept: Sąd Rejonowy w Białymstoku, XII Wydział Gospodarczy Krajowego Rejestru Sądowego (District Court in Białystok, 12th Commercial Division of the National Court Register); share capital: PLN 200,000.00; NIP: 5751836440; REGON: 240826493, e-mail address: [email protected] and contact telephone number: 22 5994 204 – hereinafter referred to as the “Administrator”, which is at the same time the Service Provider of the Online Store and the Seller.

1.3. The Administrator has appointed a data protection officer who may be contacted at the e-mail address: [email protected] in all matters relating to the processing of personal data and the exercise of rights related to data processing.

1.4. Personal data in the Online Store are processed by the Administrator in accordance with the applicable provisions of law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as the “GDPR” or the “GDPR Regulation”. Official text of the GDPR Regulation: https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679

1.5. Using the Online Store, including making purchases, is voluntary. Likewise, the related provision of personal data by a Service Recipient or Customer using the Online Store is voluntary, subject to two exceptions: (1) conclusion of contracts with the Administrator – failure to provide, in the cases and to the extent indicated on the Online Store website and in the Terms and Conditions of the Online Store and in this privacy policy, the personal data necessary for the conclusion and performance of a Sales Agreement or a contract for the provision of an Electronic Service with the Administrator results in the inability to conclude such a contract. In such a case, the provision of personal data is a contractual requirement, and if the data subject wishes to conclude a given contract with the Administrator, they are obliged to provide the required data. In each case, the scope of data required to conclude a contract is indicated in advance on the Online Store website and in the Terms and Conditions of the Online Store; (2) statutory obligations of the Administrator – the provision of personal data is a statutory requirement arising from generally applicable provisions of law imposing on the Administrator an obligation to process personal data (e.g. processing of data for the purpose of keeping tax or accounting records), and failure to provide them will prevent the Administrator from performing those obligations.

1.6. The Administrator takes particular care to protect the interests of the persons to whom the personal data processed by it relate, and in particular is responsible for and ensures that the data it collects are: (1) processed lawfully; (2) collected for specified, lawful purposes and not further processed in a manner incompatible with those purposes; (3) factually correct and adequate in relation to the purposes for which they are processed; (4) kept in a form which permits identification of the persons to whom they relate for no longer than is necessary to achieve the purpose of processing; and (5) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

1.7. Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights or freedoms of natural persons, the Administrator implements appropriate technical and organisational measures to ensure that processing is performed in accordance with the GDPR Regulation and to be able to demonstrate this. These measures are reviewed and updated where necessary. The Administrator applies technical measures to prevent unauthorised persons from obtaining and modifying personal data transmitted electronically.

1.8. All words, expressions and acronyms appearing in this privacy policy and beginning with a capital letter (e.g. Seller, Online Store, Electronic Service) shall be understood in accordance with their definitions contained in the Terms and Conditions of the Online Store available on the Online Store website.

2.1. The Administrator is entitled to process personal data where – and to the extent that – at least one of the following conditions is met: (1) the data subject has given consent to the processing of their personal data for one or more specific purposes; (2) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; (3) processing is necessary for compliance with a legal obligation to which the Administrator is subject; or (4) processing is necessary for the purposes of the legitimate interests pursued by the Administrator or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

2.2. The processing of personal data by the Administrator requires, in each case, the existence of at least one of the grounds indicated in point 2.1 of the privacy policy. The specific grounds for the processing of personal data of Service Recipients and Customers of the Online Store by the Administrator are indicated in the next point of the privacy policy – in relation to a given purpose of processing of personal data by the Administrator.

3.1. In each case, the purpose, grounds and period of processing as well as the recipients of the personal data processed by the Administrator result from actions taken by a given Service Recipient or Customer in the Online Store or by the Administrator. For example, if a Customer decides to make a purchase in the Online Store and chooses payment by bank transfer or cash on delivery, their personal data will be processed for the purpose of performing the concluded Sales Agreement, but will not be made available to an entity handling electronic payments.

3.2. The Administrator may process personal data within the Online Store for the following purposes, on the following grounds and for the periods indicated in the table below:

4.1. For the proper functioning of the Online Store, including for the performance of concluded Sales Agreements, it is necessary for the Administrator to use the services of external entities (such as a software provider, a courier or a payment service provider). The Administrator uses only the services of such processors that provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing meets the requirements of the GDPR Regulation and protects the rights of data subjects.

4.2. As a rule, the personal data of Service Recipients and Customers are processed within the European Economic Area (EEA). However, personal data may be transferred outside the EEA where this is necessary to achieve the purposes indicated in this Privacy Policy, in particular in connection with the Administrator's use of tools and services provided by entities established or processing data outside the EEA (e.g. providers of analytical, marketing, cloud or communication services, including Google Ireland Ltd. and Meta Platforms Ireland Ltd. and their affiliates in the United States). The Administrator transfers personal data outside the EEA only where necessary and while ensuring an adequate level of data protection, in particular by: (1) transfer to an entity in a country in respect of which the European Commission has issued a decision finding an adequate level of data protection (e.g. to an entity in the United States certified under the EU-U.S. Data Privacy Framework); (2) the use of standard data protection contractual clauses adopted by the European Commission; or (3) on the basis of another instrument compliant with Chapter V of the GDPR Regulation. The data subject may obtain a copy of the data transferred to a third country and information on where the applied safeguards have been made available by contacting the Administrator in the manner indicated in this Privacy Policy. A transfer of data outside the EEA may also concern countries in respect of which the European Commission has not issued an adequacy decision. In such cases, the Administrator transfers data only in the cases and on the terms permitted by law.

4.3. The Administrator does not transfer data in every case and not to all recipients or categories of recipients indicated in the privacy policy – the Administrator transfers data only where this is necessary to achieve a given purpose of processing of personal data and only to the extent necessary to achieve it. For example, if a Customer has not consented to marketing Cookies, information about their activity in the Online Store will not be transferred to providers of advertising tools.

4.4. The personal data of Service Recipients and Customers of the Online Store may be transferred to the following recipients or categories of recipients:

4.4.1. carriers / forwarders / courier brokers / entities operating the warehouse and/or the shipping process – in the case of a Customer who uses the method of delivery of a Product by post or courier in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected carrier, forwarder or intermediary handling shipments on behalf of the Administrator, and if the shipment is dispatched from an external warehouse – to the entity operating the warehouse and/or the shipping process – to the extent necessary to deliver the Product to the Customer.

4.4.2. entities handling electronic or card payments – in the case of a Customer who uses the electronic or card payment method in the Online Store, the Administrator makes the collected personal data of the Customer available to the selected entity handling the above payments in the Online Store on behalf of the Administrator, to the extent necessary to process the payment made by the Customer.

4.4.3. service providers supplying the Administrator with technical, IT and organisational solutions enabling the Administrator to conduct its business activity, including the Online Store and the Electronic Services provided through it, in particular: the provider of hosting and server infrastructure (VPS), the provider of CDN, DNS and network traffic protection services, the payment service provider, providers of analytical tools and the provider of transactional e-mail (SMTP) handling the sending of system messages – the Administrator makes the collected personal data of the Customer available to the selected provider acting on its behalf only in the case of and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

4.4.4. providers of accounting, legal and advisory services providing the Administrator with accounting, legal or advisory support (in particular an accounting office, a law firm or a debt collection company) – the Administrator makes the collected personal data of the Customer available to the selected provider acting on its behalf only in the case of and to the extent necessary to achieve a given purpose of data processing in accordance with this privacy policy.

4.4.5. providers of analytical and advertising tools – only where the person visiting the Online Store has consented to analytical or marketing Cookies and within the scope of that consent; the operation of these tools is described in detail in point 7 of the privacy policy and in the Cookies Policy, including:

4.4.5.1. Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) – Google Analytics and Google Ads, in accordance with the privacy policy available here: https://policies.google.com/privacy;

4.4.5.2. Meta Platforms Ireland Ltd. (Merrion Road, Dublin 4, D04 X2K5, Ireland) – Meta Pixel and Conversions API: where consent to marketing Cookies has been given, the Administrator also transfers from the Online Store server information about events in the Online Store (e.g. making a purchase) together with data enabling them to be matched, including the e-mail address and telephone number in hashed form; privacy policy: https://www.facebook.com/privacy/policy/;

4.4.5.3. Microsoft Ireland Operations Limited (One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland) – Microsoft Clarity, in accordance with the privacy statement available here: https://privacy.microsoft.com/pl-pl/privacystatement;

4.4.5.4. Seznam.cz, a.s. (Radlická 3294/10, 150 00 Prague 5, Czech Republic) – Sklik, only in the Czech version of the Online Store, in accordance with the privacy policy available here: https://o.seznam.cz/ochrana-udaju/.

5.1. The GDPR Regulation requires the Administrator to provide information about automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR Regulation, and – at least in those cases – meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. With this in mind, the Administrator provides information on possible profiling in this point of the privacy policy.

5.2. The Administrator may use profiling in the Online Store for direct marketing purposes, but decisions taken by the Administrator on its basis do not concern the conclusion of or refusal to conclude a Sales Agreement or the possibility of using Electronic Services in the Online Store. The effect of using profiling in the Online Store may be, for example, granting a given person a discount, sending them a discount code, reminding them of an unfinished purchase, sending them a proposal for a Product that may match the interests or preferences of that person, or offering better terms compared to the standard offer of the Online Store. Despite the profiling, it is the given person who freely decides whether they wish to take advantage of the discount or better terms received in this way and make a purchase in the Online Store.

5.3. Profiling in the Online Store consists in the automatic analysis or prediction of a given person's behaviour on the Online Store website, e.g. by adding a specific Product to the basket, browsing the page of a specific Product in the Online Store or by analysing the history of purchases made so far in the Online Store. Such profiling is conditional upon the Administrator holding the personal data of the given person so as to be able to subsequently send them, for example, a discount code.

5.4. The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning that person or similarly significantly affects them.

6.1. Right of access, rectification, restriction, erasure or portability – the data subject has the right to request from the Administrator access to their personal data, their rectification, erasure (the “right to be forgotten”) or restriction of processing, and has the right to object to processing, as well as the right to data portability. The detailed conditions for exercising the above rights are set out in Articles 15-21 of the GDPR Regulation.

6.2. Right to withdraw consent at any time – a person whose data are processed by the Administrator on the basis of consent given (pursuant to Article 6(1)(a) or Article 9(2)(a) of the GDPR Regulation) has the right to withdraw consent at any time without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal.

6.3. Right to lodge a complaint with a supervisory authority – a person whose data are processed by the Administrator has the right to lodge a complaint with a supervisory authority in the manner and according to the procedure laid down in the provisions of the GDPR Regulation and Polish law, in particular the Polish Personal Data Protection Act. The supervisory authority in Poland is the President of the Personal Data Protection Office (Prezes Urzędu Ochrony Danych Osobowych).

6.4. Right to object – the data subject has the right to object at any time – on grounds relating to their particular situation – to the processing of personal data concerning them based on Article 6(1)(e) (public interest or public tasks) or (f) (legitimate interest of the controller), including profiling based on those provisions. In such a case, the Administrator may no longer process those personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or grounds for the establishment, exercise or defence of claims.

6.5. Right to object to direct marketing – where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data concerning them for such marketing, including profiling, to the extent that it is related to such direct marketing.

6.6. In order to exercise the rights referred to in this point of the privacy policy, the Administrator may be contacted by sending an appropriate message in writing or by e-mail to the Administrator's address indicated at the beginning of the privacy policy, or by using the contact form available on the Online Store website.

7.1. Cookies are small pieces of text information in the form of text files, sent by a server and saved on the side of the person visiting the Online Store website (e.g. on the hard drive of a computer or laptop, or on the memory card of a smartphone – depending on the device used by the visitor to our Online Store). Detailed information about Cookies, as well as the history of their creation, can be found, among others, here: https://pl.wikipedia.org/wiki/HTTP_cookie.

7.2. The Administrator provides on the Online Store website a tool for easy and active management of Cookies - available upon the first visit to the Online Store website and subsequently available in the footer of the Online Store website (the “Cookie settings” link). Active management allows, among other things, checking which Cookies are or may be saved while using the Online Store website, as well as selecting and subsequently changing the scope and purposes of the use of Cookies in relation to the device and the person visiting the Online Store website. When starting to use the Online Store website, the visitor will be asked to choose their Cookies settings. These can be changed later by changing the settings within this tool available on the website.

7.3. In the privacy policy, the Administrator provides a range of information concerning the use of Cookies on the Online Store website, their types and purposes of use, and their management using, for example, web browser settings and/or the Cookies management tool available on the Online Store website. The Administrator encourages the use of the Cookies management tool available on the Online Store website, which makes it easy to actively manage Cookies while using the Online Store website, and, should it be unavailable, to read the information below concerning, among other things, the management of Cookies from the browser level. A list of the Cookies used in the Online Store – with their names, purpose and retention period – is contained in the Cookies Policy.

7.4. Cookies which may be sent by the Online Store website can be divided into various types according to the following criteria:

By their provider:

1. first-party (created by the Administrator's Online Store website)
2. belonging to third persons/entities (other than the Administrator)

By their retention period on the device of the person visiting the Online Store website:

1. session (stored until logging out of the Online Store or closing the web browser)
2. persistent (stored for a specified period of time defined by the parameters of each file or until manually deleted)

By the purpose of their use:

1. necessary (enabling the proper functioning of the Online Store website)
2. functional/preference (enabling the Online Store website to be adapted to the preferences of the person visiting the website)
3. analytical and performance (collecting information on how the Online Store website is used)
4. marketing, advertising and social media (collecting information about the person visiting the Online Store website in order to display advertisements to that person, personalise them, measure their effectiveness and carry out other marketing activities, including on websites separate from the Online Store website, such as social networking sites or other websites belonging to the same advertising networks as the Online Store)

7.5. The Administrator may process the data contained in Cookies when visitors use the Online Store website for the following specific purposes:

Purposes of the use of Cookies in the Administrator's Online Store:

• identifying Service Recipients as logged in to the Online Store and showing that they are logged in (necessary Cookies)
• remembering Products added to the basket in order to place an Order (necessary Cookies)
• remembering data from completed Order Forms, surveys or login details for the Online Store (necessary and/or functional/preference Cookies)
• adapting the content of the Online Store website to the individual preferences of the Service Recipient (e.g. regarding colours, font size, page layout) and optimising the use of the Online Store pages (functional/preference Cookies)
• keeping anonymous statistics showing how the Online Store website is used (analytical and performance Cookies)
• displaying and rendering advertisements, limiting the number of times advertisements are displayed and ignoring advertisements which the Service Recipient does not wish to see, measuring the effectiveness of advertisements, as well as personalising advertisements, i.e. examining the behavioural characteristics of persons visiting the Online Store through an anonymous analysis of their actions (e.g. repeated visits to specific pages, keywords, etc.) in order to create their profile and deliver to them advertisements tailored to their anticipated interests, also when they visit other websites in the advertising network of Google Ireland Ltd. and Facebook, i.e. Meta Platforms Ireland Ltd. (marketing, advertising and social media Cookies)

7.6. It is possible to check which Cookies are being sent at a given moment by the Online Store website, regardless of the web browser, using tools available, for example, on the website: https://www.cookiemetrix.com or https://www.cookie-checker.com.

7.7. As standard, most web browsers available on the market accept the saving of Cookies by default. Everyone can determine the conditions for the use of Cookies by means of the settings of their own web browser. This means that it is possible, for example, to partially restrict (e.g. temporarily) or completely disable the possibility of saving Cookies – in the latter case, however, this may affect some functionalities of the Online Store (for example, it may prove impossible to complete the Order path via the Order Form because Products in the basket are not remembered during the subsequent steps of placing the Order).

7.8. Web browser settings do not replace consent to the use of Cookies given in the Cookies management tool available on the Online Store website – merely using the website or the default browser settings are not equivalent to giving such consent. Detailed information on changing Cookies settings and deleting them yourself in the most popular web browsers is available in the help section of the web browser and on the following pages (just click the relevant link):

• in the Chrome browser
• in the Firefox browser
• in the Opera browser
• in the Safari browser
• in the Microsoft Edge browser

7.9. The Administrator may use in the Online Store the Google Analytics, GA4 services provided by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). These services help the Administrator to keep statistics and analyse traffic in the Online Store. The data collected are processed within the above services to generate statistics helpful in administering the Online Store and analysing traffic in the Online Store. These data are aggregate in nature. By using the above services in the Online Store, the Administrator collects data such as the sources and media through which visitors reach the Online Store and their behaviour on the Online Store website, information about the devices and browsers from which they visit the website, IP address and domain, geographical data as well as demographic data (age, gender) and interests.

7.10. A person can easily block the sharing of information about their activity on the Online Store website with Google Analytics – for this purpose, for example, a browser add-on provided by Google Ireland Ltd. may be installed, available here: https://tools.google.com/dlpage/gaoptout?hl=pl.

7.11. In connection with the possibility of the Administrator using advertising and analytical services provided by Google Ireland Ltd. in the Online Store, the Administrator indicates that full information on the rules of processing of data of persons visiting the Online Store (including information stored in Cookies) by Google Ireland Ltd. can be found in the privacy policy of Google services available at the following internet address: https://policies.google.com/technologies/partner-sites.

7.12. The Administrator may use in the Online Store the Meta Pixel service provided by Meta Platforms Ireland Limited (Merrion Road, Dublin 4, D04 X2K5, Ireland). This service helps the Administrator to measure the effectiveness of advertisements and to learn what actions visitors to the Online Store take, as well as to display tailored advertisements to those persons. Detailed information about how the Meta Pixel works can be found at the following internet address: https://www.facebook.com/business/help/742478679120153?helpref=page_content.

7.13. The operation of the Meta Pixel can be managed through the ad settings in the Meta Accounts Center at: https://accountscenter.facebook.com/ad_preferences/. Detailed information on managing advertising preferences is also available in the Meta Help Center: https://www.facebook.com/help/247395082112892.

7.14. The Administrator may use in the Online Store the Microsoft Clarity service provided by Microsoft Ireland Operations Limited (One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland). This service helps the Administrator to understand how visitors use the Online Store website (e.g. click and scroll heatmaps, session recordings with data entered in forms masked) in order to improve its operation. Clarity is activated only after consent to analytical Cookies has been given. Detailed information: https://learn.microsoft.com/pl-pl/clarity/setup-and-installation/privacy-disclosure.

7.15. In the Czech version of the Online Store, the Administrator may use the Sklik advertising tools provided by Seznam.cz, a.s. (Radlická 3294/10, 150 00 Prague 5, Czech Republic) – to measure the effectiveness of advertisements and to display advertisements to persons who have visited the Online Store. These tools are activated only after consent to marketing Cookies has been given.

7.16. The tools described in points 7.9–7.15 are activated only after consent to the relevant category of Cookies has been given. Consent may be changed or withdrawn at any time in the “Cookie settings”, without affecting the lawfulness of processing carried out before its withdrawal.

8.1. The Online Store may contain links to other websites. The Administrator encourages users, after moving to other websites, to read the privacy policies established there. This privacy policy applies only to the Administrator's Online Store.

8.2. The Administrator may amend this privacy policy, in particular in the event of changes in the law or in the tools used in the Online Store. The current version of the privacy policy is always available on the Online Store website.

We use cookies that are necessary for the shop to work and — only with your consent — functional, analytics and marketing cookies. You can change or withdraw your consent at any time in Cookie settings.

Cookies are small text files saved on your device by your browser while you use a website. Browser storage (localStorage and sessionStorage) works in a similar way. First-party cookies are set by the ombre.com shop, third-party cookies by the providers of tools we use.

We set necessary cookies without consent — the shop cannot work without them (Article 399(3) of the Polish Electronic Communications Law). We set and read all other cookies only after you give your consent in the cookie banner (Article 399(1) of that law). Consent is voluntary and refusing it does not make shopping harder. Where cookies make it possible to identify a person, we process personal data as described in the Privacy Policy.

They provide the basic functions of the shop: cart, sign-in, payment, language and currency, and remembering your cookie choices.

• ombre_consent — stores your cookie choices (1 year)
• ombre_consent_id — a random identifier under which we record your cookie choice in our consent register, so that we can demonstrate it; not used for tracking (1 year)
• ombre_voucher — a discount code from a promotional link, to be added to your cart — stored only after arriving via such a link (3 days)
• ombre_session — keeps you signed in to your account (not accessible to page scripts) (7 days)
• ombre_cart — identifies your shopping cart (30 days)
• ombre_pending_payment — lets you complete payment after returning from the payment gateway (2 hours)
• ombre_locale — remembers the chosen language (1 year)
• ombre_country, ombre_currency — remember the delivery country and price currency (1 year)
• ombre_wishlist — your favourites list when you are not signed in — saved only after you add a product to favourites (1 year)
• ombre_bar_x, ombre_bar_xs — remember closed messages in the bar above the header (depending on the message)
• __cf_bm, cf_clearance — Cloudflare — protects the shop against bot traffic (set only when needed; cf_clearance up to 1 year) (30 minutes)

They remember settings that make the shop more convenient to use.

• ombre_fv — date of your first visit — lets us show messages suited to new or returning visitors (1 year)

They help us understand how you use the shop so that we can improve it. Third-party tools (Google Analytics, Microsoft Clarity) load only after consent.

• _ga, _ga_<ID> — Google Analytics 4 — distinguishes users and sessions, visit statistics (2 years)
• ombre_cid — browser identifier for statistics sent from our server to Google Analytics (90 days)
• ombre_sid — marks the current visit in those statistics (30 minutes)
• ombre_track_session, ombre_track_flash — technical safeguard for sending statistics and advertising events from our server (no personal data; ombre_track_flash — 2 minutes) (6 hours)
• _clck, _clsk — Microsoft Clarity — analysis of how the site is used (click maps, anonymised session recordings; _clsk — 1 day) (1 year)

They are used to measure the effectiveness of our ads and to show you Ombre ads on other websites. The tools load only after consent; data may be sent to providers in encrypted form (e.g. your e-mail address after an order, only with marketing consent).

• _gcl_au, _gcl_aw, _gcl_gb, ombre_gclid — Google Ads — attributes a purchase to an ad click (90 days)
• IDE (doubleclick.net) — Google Ads — showing ads to people who visited the shop (remarketing) (13 months)
• _fbp, _fbc, fr (facebook.com) — Meta (Facebook, Instagram) — ad effectiveness measurement and remarketing (90 days)
• Seznam Sklik (seznam.cz) — ad measurement and remarketing in the Seznam search engine — Czech version of the shop only (per Seznam.cz rules)

We keep some settings in browser storage instead of cookies:

• ombre-wishlist (localStorage) — your favourites list when you are not signed in — saved only after you add a product to favourites (until deleted)
• ombre:plp-view (localStorage) — the product list view you chose (large or small images) — saved when you click the switch (until deleted)
• ombre:listing-nav (sessionStorage) — the “previous / next” arrows on the product page (until the tab is closed)
• ombre_checkout_draft (localStorage) — details entered in the checkout form, so they are not lost when the page is refreshed — removed after the order is placed (7 days)
• ombre:section (sessionStorage), ombre_ga4_purchase:* (localStorage) — only with analytics or marketing consent — shop section in statistics and protection against counting a purchase twice (90 days)

With your consent we use: Google Analytics and Google Ads (Google Ireland Ltd.), Meta Pixel (Meta Platforms Ireland Ltd.), Microsoft Clarity (Microsoft Ireland Operations Ltd.) and — in the Czech version of the shop — Sklik (Seznam.cz, a.s.). These providers may transfer data to countries outside the European Economic Area, including the USA — on the basis of a European Commission decision (EU-US Data Privacy Framework) or standard contractual clauses. Payments are handled by an external service (e.g. Przelewy24), which uses its own cookies on its pages under its own policy.

You can change or withdraw your consent at any time in Cookie settings (the link is also in the page footer). Withdrawing consent does not affect the lawfulness of processing before the withdrawal. After you withdraw it, we stop setting and reading cookies of that category; cookies already saved can be deleted in your browser settings.

You can also block or delete cookies in your browser settings — blocking necessary cookies will prevent the cart and account from working. More information is available in the Privacy Policy.

You have full control over your data. Below is a reminder of the rights the GDPR gives you and how to exercise them.

Under the GDPR, you have the following rights:

• the right of access to your data and to obtain a copy of it,
• the right to rectification of inaccurate data,
• the right to erasure of data (“the right to be forgotten”),
• the right to restriction of processing,
• the right to data portability,
• the right to object to processing,
• the right to withdraw consent at any time,
• the right to lodge a complaint with the President of the Personal Data Protection Office (UODO).

To access or export your data, rectify it or delete your account, contact us at [email protected]. We handle requests without undue delay, within 30 days at the latest.

For the security of your data, we may ask you to confirm your identity (e.g. from the e-mail address linked to your orders).

The detailed rules of processing — purposes, legal bases, retention periods and data recipients — are described in our Privacy policy. Information on cookies can be found in our Cookie policy.