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TERMS AND CONDITIONS

§ 1.

General provisions

  1. These regulations (hereinafter: "Regulations"), define the terms and conditions of use of the online store "LOCAL HEROES" operating at the Internet address www.localheroesstore.com (hereinafter: "Store").
  2. The Regulations are the rules and regulations referred to in Article 8 of the Act of July 18, 2002, on Providing Services by Electronic Means (hereinafter: "Act on Providing Services by Electronic Means").
  3. The Shop is owned by FCGROUP limited liability company with its registered office in Warsaw (address: 35 Wróbla St., 02-736 Warsaw), entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XII Economic Department of the National Court Register under KRS: 0000688194, holding NIP: 7010706892, REGON number: 367899648 with share capital of PLN 7.778.000,00 (seven million seven hundred seventy-eight thousand Polish zlotys) (hereinafter: "Seller").
  4. Contact with the Seller is possible through:
    • e-mail - at: [email protected];
    • traditional mail - at the address: 35 Wróbla St., 02-736 Warsaw;
    • telephone - at 575 005 207.
  5. In the course of its business, the Seller:
    • conducts sales of Goods that can be purchased by Buyers;
    • provides Users with the Account Service.
  6. Information about the Goods available in the Store, in particular their descriptions, technical and usable parameters and prices, constitute an invitation to conclude a Sales Agreement within the meaning of Article 71 of the Act of April 23, 1964 - the Civil Code (hereinafter: "Civil Code").
  7. Before using the Store, the Customer is required to read the Terms and Conditions and Privacy Policy.

§ 2.

Definitions

Capitalized words used in the Regulations have the following meanings:

  1. Working day - a day that is not a Saturday, Sunday or other holiday within the meaning of the provisions of the Act of January 18, 1951, on public holidays;
  2. Customer - User or Buyer.
  3. Civil Code - the term defined in § 1(6) of the Regulations;
  4. Consumer - a natural person making a legal transaction with the Seller that is not directly related to his economic or professional activity;
  5. Account - a panel created in the Store's computer system, allowing the User to use its functionality, in particular to purchase Goods;
  6. Buyer - a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who has entered into a Sales Contract with the Seller or has taken steps to enter into one;
  7. Newsletter - digital content within the meaning of the Consumer Rights Act, including commercial information on the current activities of the Seller, including information on news and promotions available in the Store;
  8. Non-compliance - is understood as:
    • non-conformity of the Goods with the Contract of Sale (the criteria for assessing the conformity of the Goods with the Contract of Sale are specified in Article 43b, paragraphs 1-2 of the Consumer Rights Act) or
    • non-conformity of the Account Service with the Agreement for the provision of the Account Service (the criteria for assessing the conformity of the Account Service with the Agreement for the provision of the Account Service are set forth in Article 43k, paragraphs 1-2 of the Consumer Rights Act);
  9. Privacy Policy - a document containing information about the processing of Customers' personal data by the Seller;
  10. Entrepreneur - a natural person, a legal person or an organizational unit without legal personality, to which special regulations grant legal capacity, conducting business or professional activity in its own name;
  11. Entrepreneur on the rights of the Consumer - a natural person conducting a business or professional activity on his own behalf, who has entered into an Agreement with the Seller directly related to his business activity, but which does not have a professional character for this person, resulting in particular from the subject of his business activity;
  12. Regulations - the term defined in § 1.1 of the Regulations;
  13. Regulations for Newsletter delivery - regulations defining the terms and conditions for delivery of the Newsletter by the Seller, available at: https://localheroesstore.com/newsletter-terms-conditions;
  14. Vendor - the term defined in § 1.3 of the Regulations;
  15. Goods - a movable item available in the Store within the meaning of the Civil Code, which can be purchased by the Buyer, in particular clothing;
  16. Agreement - Agreement for the provision of the Account Service or Sales Agreement;
  17. Contract for the provision of the Account Service - a contract for the provision of a digital service within the meaning of the Consumer Rights Act, on the basis of which the Seller undertakes to provide the Account Service to the User for an indefinite period of time at no charge, and the User undertakes to provide the Seller with personal data;
  18. Contract of sale - a contract of sale within the meaning of the Civil Code, on the basis of which the Seller undertakes to transfer ownership of the Goods to the Buyer and deliver the Goods to him, and the Buyer undertakes to take the Goods and pay the price to the Seller;
  19. Account Service - a digital service within the meaning of the Consumer Rights Act, consisting of the creation and maintenance of an Account by the Seller for the benefit of the User;
  20. Law on Consumer Rights - Law of May 30, 2014, on consumer rights;
  21. Electronic Services Act - the term defined in § 1(2) of the Regulations;
  22. User - a person who is a Consumer, Entrepreneur or Entrepreneur on the rights of a Consumer, who has concluded an Agreement with the Seller for the provision of the Account Service or has taken steps to conclude it;
  23. Order - a term defined in § 6(4) of the Regulations.

§ 3.

Technical requirements

  1. In order for Customers to properly use the Store, it is necessary together:
    • Internet connection;
    • Having devices that allow the use of Internet resources;
    • Having devices with a minimum screen resolution of 1024 x 768 pixels;
    • Use of a web browser that allows hypertext documents to be displayed on the screen of the device (Internet Explorer - version 8.0 or later, Mozilla Firefox - version 22 or later, or Google Chrome - version 27 or later), linked on the Internet via a networked web service, and that supports the JavaScript programming language and, in addition, accepts cookies;
    • having an active e-mail account.
  2. Within the Store, it is prohibited for Customers to use viruses, bots, worms or other computer codes, files or programs (in particular, process automation scripts and applications or other codes, files or tools).
  3. The Seller informs that it uses cryptographic protection of electronic transfer and digital content through the use of appropriate logical, organizational and technical measures, in particular to prevent third-party access to data, including through SSL encryption, the use of passwords for access and anti-virus or anti-wanted software.
  4. The Seller informs that despite the use of safeguards referred to in paragraph 3 above, the use of the Internet and services provided electronically may be threatened by the access to the ICT system and the Customer's device, harmful software or access to the data located on this device by third parties. In order to minimize the aforementioned threat, the Seller recommends the use of anti-virus programs or means of protecting identification on the Internet.

§ 4.

Rules of use of the Store

  1. The customer is obliged to use the Store in a manner consistent with generally applicable laws, the provisions of the Regulations, as well as good manners.
  2. Provision of unlawful content by the Customer is prohibited.
  3. The prices of the Goods available in the Store are expressed in EURO (EUR) and are gross (include all mandatory price components, including due VAT).
  4. The Buyer may purchase Goods both after creating an Account and without creating an Account. If an Account is created, the Buyer should log in to it before starting purchases.

§ 5.

Agreement for the provision of the Account Service

  1. In order to conclude the Agreement for the provision of the Account Service, the User should perform the following steps:
    1. go to the Store's website, and then click on the "Login/Registration" tab and then the "Create an account" button
    2. Enter the following data in the form that appears:
      • name;
      • email address;
      • the Account password created by the User;
    3. obligatorily check the checkbox next to the statement about reading the Regulations and Privacy Policy and accepting their provisions;
    4. optionally - check the checkbox next to the statement of consent to receive the Newsletter and acceptance of the Terms and Conditions of Newsletter delivery;
    5. Click the "Create an account" option.
  2. Clicking on the "Create an account" option is equivalent to the User concluding an Agreement for the provision of Account Services.
  3. The user gains access to the Account immediately after clicking on the "Create Account" option.
  4. Using the Account, the User may, in particular:
    • store your personal information;
    • place Orders and review placed Orders;
  5. The Vendor informs, and the User acknowledges, that maintaining compliance of the Account Service with the Agreement for provision of the Account Service does not require the User to install its updates.
  6. In the event that the User fails to grant access to the Account immediately after the conclusion of the Agreement for the provision of Account Services, the User shall summon the Seller to grant access to the Account immediately. The summons, referred to in the preceding sentence, may be sent by e-mail, to the address indicated in § 1.4.1 of the Regulations. If the Seller does not grant the User access to the Account immediately after receiving the summons referred to in the preceding sentence, the User may withdraw from the Agreement for the provision of Account Services.
  7. Notwithstanding the provisions of paragraph 6 above, if the User is not granted access to the Account, the User may withdraw from the Agreement for the provision of Account Services without calling the Seller to grant access to the Account, if at least one of the cases indicated in Article 43j paragraph 5 of the Law on Consumer Rights occurs.
  8. Notwithstanding the provisions of Paragraphs 6-7 above, the User may terminate the Agreement for the provision of Account Services at any time and without stating any reason, with immediate effect. In addition, pursuant to Article 27 et seq. Consumer Rights Act, the User may withdraw from the Agreement for the provision of the Account Service without stating a reason, within 14 (fourteen) days from the date of its conclusion.
  9. Withdrawal from or termination of the Agreement for the provision of Account Services, regardless of the basis for this action, shall be made by the User's submission to the Seller of a statement of withdrawal from or termination of the Agreement for the provision of Account Services. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Regulations. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.
  10. In the case of the User's use of the Account in a manner contrary to the generally applicable law, the provisions of the Rules and Regulations or good morals, as well as provision by the User of content of an unlawful nature, the Seller may block the Account, which is equivalent to termination of the Agreement for provision of Account Services by the User with a notice period of 7 (seven) days. After the expiration of the notice period indicated in the preceding sentence, the Account shall be permanently deleted.
  11. Blocking or deletion of the Account does not affect the performance of the Sales Contracts concluded by the User before the blocking or deletion of the Account.

§ 6.

Sales contract

  1. In order to conclude a Sales Agreement, the Buyer should perform the following steps:
    1. go to the Store's website;
    2. enter the tab of the selected Goods and click the option "Add to cart";
    3. Enter the "shopping cart" tab and click the "go to checkout" option;
    4. enter or select the following data in the form that appears:
      • name;
      • email address;
      • phone number;
      • address of residence/business (street, house number, apartment number, city, postal code, country);
      • Delivery address (if different from residence/business address);
      • Optionally - company and TIN (if the Buyer is an entrepreneur or an Entrepreneur on the rights of a Consumer);
      • method of payment;
      • method of delivery;
    5. obligatorily check the checkbox next to the statement that you have read the Regulations and Privacy Policy and accept their provisions;
    6. optionally - check the checkbox next to the statement of consent to receive the Newsletter and acceptance of the Terms and Conditions of Newsletter delivery;
    7. approve the shipping of the form and then make payment for the Goods according to the selected payment method.
  2. The Buyer may choose one of the following methods of delivery of the Goods:
    • courier delivery;
    • delivery to an InPost parcel machine of your choice.
  3. Payment of the price for the Goods can be made by the Buyer:
    • via the Blik, Przelewy24, mBank Paynow, P24 or Klarna payment system;
    • by payment card, using the Stripe system.
  4. The Buyer's approval of the shipment of the form is equivalent to the Buyer's offer to purchase the selected Goods (hereinafter: "Order").
  5. If, in the course of completing the Order, it turns out that some of the Goods covered by the Order are unavailable, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. Upon receipt of the notice referred to in the preceding sentence, the Buyer may cancel the Order in its entirety or agree to receive only a portion of the Goods covered by the Order. If the Buyer fails to make one of the decisions indicated in the preceding sentence within 7 (seven) days after receiving the notice, the Buyer shall be deemed to have abandoned the Order in its entirety.
  6. In the case referred to in paragraph 5 above, no Contract of Sale is concluded between the Seller and the Buyer with respect to Goods that are unavailable.
  7. If the Order referred to in paragraph 5 above has been prepaid by the Buyer, the Seller shall immediately refund to the Buyer the payments made by the Buyer in whole or in part.
  8. Once the Order is completed and shipped, the Seller shall notify the Buyer by means of a message sent to the e-mail address provided by the Buyer. At the moment the Buyer receives the message referred to in the preceding sentence, a Sales Contract is concluded between the Seller and the Buyer.
  9. If a submitted Order, for which the Buyer has chosen the option to pay for the Goods before delivery, is not paid within 3 (three) days from the date of its submission, the Seller shall have the right to withdraw from the Sales Agreement and cancel the Order within 7 (seven) days from the date of ineffective expiration of the deadline for payment of the Order. Withdrawal from the Contract of Sale and cancellation of the Order shall be made by the Seller sending an appropriate statement to the e-mail address provided by the Buyer.

§ 7.

Delivery of Goods

  1. The Seller carries out shipment of Goods to addresses located in the territory of all countries of the world.
  2. The shipping costs of the Goods shall be paid by the Buyer, who shall pay them simultaneously with the payment of the price for the Goods.
  3. Delivery of the Goods shall take place within a maximum of 5 (seven) Business Days from the date of sending to the Buyer by e-mail information about receipt of payment for the Goods by the Seller and commencement of processing of the Order, but no later than within 30 (thirty) days from the date of placing the Order.
  4. The Seller shall deliver to the Buyer the Goods in accordance with the Sales Contract relating to them.
  5. Goods delivered to the Buyer should be in intact condition.
  6. If the Goods are delivered by a courier, the Buyer should check the Goods in his presence. If the package of Goods is damaged, the Buyer should write a damage report and contact the Seller.

§ 8.

Right of withdrawal from the sales contract

  1. The provisions of this § 8 apply only to a Buyer who is a Consumer or an Entrepreneur on the rights of a Consumer.
  2. The Buyer shall have the right to withdraw from the Contract of Sale without stating any reason within 14 (fourteen) days from the date on which the Goods came into the possession of the Buyer or a non-carrier third party designated by the Buyer.
  3. The Buyer shall exercise the right to withdraw from the Sales Agreement by submitting to the Seller a statement of withdrawal from the Sales Agreement (hereinafter: "Statement"). To meet the deadline for withdrawal from the Sales Agreement, it is sufficient to send the Statement before the expiration of the deadline referred to in paragraph 2 above.
  4. The Declaration may be submitted by the Buyer in any form, in particular on the form attached as Appendix No. 2 to the Consumer Rights Act. However, in order to facilitate the exercise of the right of withdrawal from the Sales Agreement, the Seller recommends that the Declaration be made in the manner indicated in paragraphs 5-8 below.
  5. The Buyer may submit the Statement in the form:
    • electronic;
    • paper.
  6. If the Buyer chooses to make the Declaration in electronic form, he/she should send by email to the address indicated in § 1(4)(1) of the Regulations a message containing the following:
    • Buyer's name;
    • email address;
    • mailing address;
    • A clear statement of withdrawal from the Sales Agreement;
    • indication of the Goods to which the withdrawal from the Sales Agreement applies;
    • order number;
    • date of placing the Order;
    • PKD codes of the business activity conducted by the Buyer (if the Buyer is an entrepreneur on the rights of the Consumer).
  7. If the Buyer chooses to make the Declaration in paper form, the Buyer should print and fill out the form attached as Appendix 1 to the Terms and Conditions and then send it together with the Goods m to the address indicated in paragraph 10 below.
  8. The Seller shall send the Buyer an acknowledgement of receipt of the Statement immediately upon receipt, by e-mail.
  9. In the case of exercising the right of withdrawal from the Contract of Sale, the Buyer should send the Goods back to the Seller within 14 (fourteen) days from the date of withdrawal from the Contract of Sale. To meet the deadline referred to in the preceding sentence, it is sufficient to send back the Goods before its expiration.
  10. The Goods should be sent back to the address:

    LOCAL HEROES
    Żwirowa 68
    05-090 Puchały

  11. The Buyer shall bear the direct costs of returning the Goods.
  12. Refund of payments made by the Buyer shall be made upon receipt by the Seller of the returned Goods or proof of their return by the Buyer, whichever occurs first. Refund of payments shall be made using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees otherwise. The Buyer shall not bear the cost of returning the payment made.
  13. The Buyer shall be liable for any diminution in the value of the Goods resulting from the use of the Goods other than what was necessary to ascertain the nature, characteristics and functioning of the Goods.

§ 9.

Complaints about Goods

  1. Pursuant to Article 558 § 1 of the Civil Code, the Seller's liability under warranty against Buyers who are Entrepreneurs is excluded. Further provisions of this § 9 apply exclusively:
    • Buyer who is either a Consumer or an Entrepreneur on the rights of a Consumer;
    • Non-conformity of the Goods with the Contract of Sale.
  2. Goods delivered to the Buyer by the Seller must be in accordance with the Contract of Sale.
  3. The Seller shall be liable for Non-Compliance existing at the time of delivery of the Goods to the Buyer and disclosed within 2 (two) years from that time, unless the Goods' shelf life is longer.
  4. In case of disclosure of Non-Compliance, the Buyer shall have the rights indicated in Article 43d and n. Consumer Rights Act. The exercise of the Buyer's rights indicated in the preceding sentence shall take place in accordance with the provisions of the Consumer Rights Act and the provisions of this § 9.
  5. In the event of disclosure of Non-Compliance, the Buyer may file a complaint including a demand:
    • repair the Goods or
    • replacement of Goods.
  6. Complaint is submitted by e-mail, to the address specified in § 1.4.1 of the Regulations.
  7. The complaint should include:
    • Buyer's name;
    • email address;
    • order number;
    • The date of delivery of the Goods;
    • description of the Non-Compliance disclosed;
    • request for repair or replacement of the Goods.
  8. If the Seller receives a request:
    • repair of the Goods - the Seller shall be entitled to replace such Goods;
    • replacement of the Goods - the Seller shall be entitled to repair such Goods;
  9. - if the method chosen by the Buyer to bring the Goods into conformity with the Sales Agreement is impossible or would require the Seller to incur excessive costs.
  10. If both replacement and repair of the Goods are impossible or would require the Seller to incur excessive costs, the Seller may refuse to bring the Goods into conformity with the Contract of Sale.
  11. After considering the complaint, the Seller provides the Buyer with a response to the complaint, in which:
    • Acknowledges the complaint and indicates the planned date for fulfillment of the Buyer's request;
    • acknowledges the complaint and informs the Buyer that the Seller has exercised the right referred to in paragraph 8 above;
    • refuses to bring the Goods into compliance with the Sales Agreement for the reasons indicated in paragraph 9 above;
    • rejects the complaint on the grounds that it is unfounded.
  12. The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
  13. In the cases indicated in paragraph 10 items 1-2 above, the Seller shall, at its own expense, bring the Goods into conformity with the Contract of Sale within a reasonable time from receipt of the complaint and without undue inconvenience to the Buyer, considering the specifics of the Goods and the purpose for which the Buyer purchased them. The scheduled date for bringing the Goods into conformity with the Contract of Sale shall be indicated by the Seller in its response to the complaint.
  14. The Buyer shall make the Goods subject to repair or replacement available to the Seller. The Seller shall collect the Goods from the Buyer at his own expense.
  15. The buyer is not obliged to pay for the ordinary use of the Goods, which were subsequently replaced.
  16. In the event of disclosure of Non-Compliance, the Buyer may submit a statement to the Seller to reduce the price or withdraw from the Contract when:
    • The Seller refused to bring the Goods into conformity with the Sales Contract for the reasons indicated in paragraph 9 above;
    • The Seller has failed to bring the Goods into conformity with the Contract of Sale in accordance with paragraphs 12-13 above;
    • The nonconformity continues to exist even though the Seller has tried to bring the Goods into conformity with the Sales Agreement;
    • The nonconformity is so significant that it justifies withdrawal from the Contract of Sale without first requiring the Seller to bring the Goods into conformity with the Contract of Sale;
    • it is clear from the Seller's statement or circumstances that the Seller will not bring the Goods into conformity with the Contract of Sale within a reasonable time or without undue inconvenience to the Buyer.
  17. A statement of price reduction or withdrawal from the Sales Agreement may be submitted by e-mail, to the address indicated in § 1.4.1 of the Regulations.
  18. The statement of price reduction or withdrawal from the Sales Agreement should include:
    • Buyer's name;
    • email address;
    • order number;
    • The date of delivery of the Goods;
    • description of the Non-Compliance disclosed;
    • indication of the reason for the statement, selected from among the reasons indicated in paragraph 15 above;
    • a statement on reduction of the price of the Goods, together with an indication of the reduced price of the Goods, or a statement on withdrawal from the Sales Agreement.
  19. The reduced price must remain in such proportion to the price under the Contract of Sale as the value of the Goods not in conformity with the Contract of Sale remains to the value of the Goods in conformity with the Contract of Sale. The Seller shall return to the Buyer the amounts due as a result of exercising the right to reduce the price immediately, but no later than within 14 (fourteen) days from the date of receipt of the statement on price reduction.
  20. The Buyer may not withdraw from the Sales Contract if the Non-Compliance is immaterial.
  21. In the event of withdrawal from the Contract of Sale, the Buyer shall immediately return the Goods to the Seller at his expense. The Goods should be sent back to the following address:

    LOCAL HEROES
    Żwirowa 68
    05-090 Puchały

  22. The Seller shall refund the price of the Goods to the Buyer immediately, but no later than within 14 (fourteen) days from the date of receipt of the Goods or proof of their return, whichever occurs first. Refund of the price shall be made using the same method of payment that was used by the Buyer in the original transaction, unless the Buyer expressly agrees to a different method of refund that does not incur any costs for him.

§ 10.

Complaints about the Account Service

  1. The provisions of this § 10 apply only to Users who are Consumers or Entrepreneurs on the rights of Consumers.
  2. The Account Service provided by the Vendor to the User must comply with the Agreement for the provision of the Account Service for the entire period of provision of the respective Account Service.
  3. The Seller shall be liable for Non-Compliance disclosed during the period of provision of the Account Service.
  4. In the event of disclosure of Non-Compliance, you may file a complaint requesting that the Account Service be brought into compliance with the Agreement for the provision of the Account Service.
  5. The complaint is submitted by e-mail, to the address specified in § 1.4.1 of the Regulations.
  6. The complaint should include:
    • User's Name;
    • email address;
    • description of the Non-Compliance disclosed;
    • request to bring the Account Service into compliance with the Agreement for provision of the Account Service.
  7. The vendor may refuse to bring the Account Service into compliance with the Agreement for the provision of the Account Service if this is impossible or would require the vendor to incur excessive costs.
  8. After reviewing the complaint, the Seller shall provide the Customer with a response to the complaint, in which:
    • acknowledges the complaint and indicates the planned date for bringing the Account Service into compliance with the Agreement for the provision of Account Services;
    • refuses to bring the Account Service into compliance with the Agreement for the provision of the Account Service for the reasons indicated in paragraph 7 above;
    • rejects the complaint on the grounds that it is unfounded.
  9. The Seller shall respond to the complaint by e-mail within 14 (fourteen) days of receipt.
  10. If the complaint is accepted, the Seller shall, at its own expense, bring the Account Service into compliance with the Agreement for the provision of the Account Service within a reasonable time from receipt of the complaint and without undue inconvenience to the User, considering the nature of the Account Service and the purpose for which it is used. The planned date for bringing the Account Service into compliance with the Agreement for the provision of the Account Service shall be indicated by the Seller in its response to the complaint.
  11. In the event of disclosure of Non-Compliance, the Customer may submit a statement to the Vendor on withdrawal from the Agreement for provision of Account Services when:
    • bringing the Account Service into compliance with the Agreement for the provision of the Account Service is impossible or requires excessive costs;
    • The Seller has failed to bring the Account Service into compliance with the Agreement for provision of the Account Service in accordance with paragraph 10 above;
    • Non-compliance continues even though the Vendor has attempted to bring the Account Service into compliance with the Agreement for the provision of the Account Service;
    • The nonconformity is significant enough to justify cancellation of the Account Service Agreement without first requiring the Seller to bring the Account Service into conformity with the Account Service Agreement;
    • it is clear from the Vendor's statement or circumstances that the Vendor will not bring the Account Service into compliance with the Agreement for the provision of the Account Service within a reasonable time or without undue inconvenience to the User.
  12. Declaration of withdrawal from the Agreement for the provision of Account Services may be submitted by e-mail, to the address specified in § 1.4.1 of the Terms and Conditions.
  13. The statement of withdrawal from the Agreement for the provision of Account Services should include:
    • Customer's name;
    • email address;
    • The date of delivery of the Account Service;
    • description of the Non-Compliance disclosed;
    • indication of the reason for the statement, selected from among the reasons indicated in paragraph 11 above;
    • Statement of withdrawal from the Agreement for the provision of Account Services.
  14. If the User withdraws from the Agreement for the provision of Account Services, the Seller shall delete the Account immediately upon receipt of the statement of withdrawal from the Agreement for the provision of Account Services.

§ 11.

Seller's intellectual property

  1. All components of the Store, in particular:
    • Store Name;
    • Store logo;
    • pictures and descriptions of the Goods;
    • principles of operation of the Store's website, all its graphic elements, interface, software, source code and databases
    - are subject to legal protection under the provisions of the Act of February 4, 1994 on Copyright and Related Rights, the Act of June 30, 2000. - Industrial Property Law, the Act of April 16, 1993, on Combating Unfair Competition, and other provisions of generally applicable law, including European Union law.
  2. Any use of the Vendor's intellectual property without its prior express permission is prohibited.

§ 12.

Processing of personal data

  1. For information about the Seller's processing of personal data, please refer to the Privacy Policy available at: Privacy Policy

§ 13.

Out-of-court dispute resolution

  1. The provisions of this § 13 apply only to Customers who are Consumers.
  2. The customer has the opportunity to use out-of-court means of handling complaints and claims.
  3. Detailed information on the possibility for the customer to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and on the websites:
    • district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection;
    • Provincial Trade Inspection Inspectorates;
    • Office of Competition and Consumer Protection.
  4. The customer can also use the online dispute resolution (ODR) platform available at: http://ec.europa.eu/consumers/odr/.

§ 14.

Change of Account Service

  1. The Seller may change the Account Service in the event of:
    • the need to adapt the Account Service to newly emerging devices or software used by Users to use the Account Service;
    • Seller's decision to improve the Account Service by adding new functionality to it or modifying existing functionality;
    • legal obligation to make changes, including the obligation to adapt the Account Service to the current legal status.
  2. Changing the Account Service may not involve any costs on the part of the User.
  3. The Seller shall inform Users of the change made to the Account Service by posting a message on the Account informing about the changes. Independently, the information about the made change may be sent to Users by e-mail.
  4. If a change to the Account Service will materially and adversely affect the User's access to the Account Service, the Seller shall inform the User of:
    • properties and the deadline for making the change, and
    • The User's right to terminate the Agreement for the provision of Account Services with immediate effect within 30 (thirty) days of the change.
  5. The information referred to in paragraph 4 above shall be sent by the Seller to Users by e-mail, no later than 7 (seven) days before the change is made.
  6. Termination by the User of the Agreement for the provision of the Account Service pursuant to paragraph 4(2) above shall be affected by submitting to the Seller a statement of termination of the Agreement for the provision of the Account Service. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Terms of Service. The Seller shall delete the Account immediately upon receipt of the statement referred to in the preceding sentence.

§ 15.

Amendment of the Regulations

  1. The Seller may amend the Terms and Conditions in the event of:
    • changes in the object of the Seller's business;
    • commencement of provision by the Seller of new services, modification of services previously provided, or discontinuation of their provision;
    • to make technical modifications to the Store requiring adaptation of the provisions of the Regulations to them;
    • legal obligation to make changes, including the obligation to adapt the Regulations to the current state of the law.
  2. Customers will be informed of changes to the Terms and Conditions by publishing the amended version on the Store's website at least 7 (seven) days prior to the effective date of the changes. Within the period referred to in the preceding sentence, the amended version of the Terms and Conditions will be sent to Users by e-mail.
  3. Sales Contracts concluded before the effective date of the new Regulations shall be governed by the provisions of the then effective Regulations.
  4. A User who does not agree to the change in the Terms and Conditions may terminate the Agreement for the provision of the Account Service with immediate effect until the changes to the Terms and Conditions become effective. Failure to give notice of termination shall be deemed acceptance of the change in the Terms and Conditions.
  5. Termination of the Agreement for the provision of Account Services shall be affected by submitting to the Seller a statement of termination of the Agreement for the provision of Account Services by the User. The statement referred to in the preceding sentence may be sent by e-mail to the address specified in § 1.4.1 of the Terms and Conditions.
  6. Immediately upon receipt of the statement referred to in paragraph 5 above, the Seller shall delete the Account.

§ 16.

Final provisions

  1. Part of the Terms and Conditions is Appendix No. 1 - Statement of withdrawal from the Sales Agreement https://img.localheroesstore.com/pic/pdf/RETURN_FORM.pdf
  2. The current version of the Terms and Conditions is effective as of 01.01.2023