Terms and Conditions – Rules for Purchasing and Using Services

ONLINE STORE REGULATIONS
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
1. The Regulations define the rules and conditions for the provision of services by electronic means, including:
using the Store, and the rights, obligations and terms of liability
The Seller and the Customer. The Regulations also contain information that must be provided
The Seller is obliged to the Consumer in accordance with applicable regulations,
including the Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws 2020, item
287 as amended).
2. Every Client should read the Regulations.
3. The Regulations are available on the Store's website and are made available
free of charge also before the conclusion of the contract. At the Client's request, the Regulations are also
made available in a way that allows acquisition, reproduction and recording
its content via the IT system used by the Client (e.g.
by e-mail).
4. Basic definitions:
1) Regulations: Regulations of the Online Store;
2) Seller or Service Provider: Tojs Spółka z o. o. with its registered office in Gdańsk 80-123, ul.
Pana Tadeusza 42 entered into the National Court Register.
Entrepreneurs under number 0000722197, NIP: 5833290183, REGON: 369655554 Share capital of PLN 5,000 paid in full
3) Customer or Service Recipient: a natural person who is over 18 years of age and has full legal capacity
legal capacity, legal person and organizational unit
without legal personality, but able to acquire in its own name
rights and incur obligations, which will establish a legal relationship with the Seller in
within the scope of the Store's activity. The Client is also a Consumer or an Entrepreneur with
Consumer rights, if there are no separate provisions in a given matter
attitude towards these categories of clients;
4) Consumer: A customer who is a natural person who carries out an activity with the Seller
legal (purchase) not directly related to its business activity or
professional;
5) Electronic Service – a service within the meaning of the Act of 18 July 2002 on
provision of services by electronic means (Journal of Laws 2020, item 344), provided by electronic means
electronically by the Service Provider on behalf of the Customer via the Website;

6) Shop or Online Shop, or Service: Electronic Service, Online Shop
run by the Seller at the internet address www.my-smell.pl
7) Account – Electronic Service, marked with an individual name (login) and password
provided by the Client, a set of resources in the Service Provider's IT system,
in which data provided by the Client and information about activities are collected
within the Store;
8) Goods or Product – goods sold in the Store, included in the offer
Sellers;
9) Agreement – a distance contract concerning the purchase of Goods, concluded as a result of
the Customer places an Order in the Store and its acceptance by the Seller;
10) Form – a script constituting an electronic means of communication, enabling
placing an Order in the Store;
11) Order – an order to purchase Goods placed by the Customer via
means of technical communication;
12) Newsletter - Electronic Service, electronic distribution service
provided by the Service Provider via electronic mail (e-mail),
which enables all customers who use it to automatically
receiving periodic messages (newsletters) from the Service Provider,
containing information about the Website, including new products or promotions in the Store;
13) Entrepreneur with Consumer Rights – a natural person concluding a contract
A contract directly related to its business activity, if the content of such contract
The Agreement states that it does not have a professional character, resulting from
in particular from the subject of the business activity carried out by it
made available pursuant to the provisions on the Central Register and Information on
Economic Activity.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION
1. Seller's contact details for the Customer: Tojs Spółka z o. o. ul. Pana Tadeusza 42
, e-mail address: mysmell.berlin@gmail.com .
2. The Seller offers the following types of services provided electronically:
1) an online store operating via a website, within
where the Customer concludes a distance selling agreement, the parties are informed about
making a sale via automatically generated e-mail,
and the performance of the contract (in particular the delivery of the Goods) takes place outside the Internet;

2) Account, a service consisting in setting up an account on the Website for the purpose of concluding contracts
Shop Agreements, receiving information on the status of the implementation of the concluded
Agreements and collection of data on the Customer's activities within the Store, etc.
Access to the Account is possible after registration and then after logging in.
Registering an Account constitutes the conclusion of an agreement to maintain an Account in the Store;
3) newsletter, consisting of sending by the Seller to the e-mail address
Customer's electronic mail, electronic messages containing information
about the Service, including news or promotions in the Store; the Seller provides
services electronically in accordance with the Regulations;
4) providing opinions (comments), which consists in enabling the Seller to
Customers who place individual and subjective information on the Store website
Customer statements, including those regarding service or Goods.
3. The technical condition for using the Store is that the Customer has
a computer or other device that allows you to browse the Internet,
appropriate software (including a web browser), access to
Internet and a current and active e-mail account.
4. The Customer is prohibited from providing content of an illegal nature.
5. Using the Store may involve risks typical of using
Internet, such as spam, viruses, hacker attacks. The seller takes action to
counteracting these threats. The Seller indicates that the public nature of
the Internet and the use of services provided electronically may involve
the risk of obtaining or modifying Customer data by third parties
unauthorized, therefore Customers should use appropriate technical measures that
minimize the threats mentioned above, including antivirus programs and
protecting the identity of Internet users.
6. The contract for the provision of services by electronic means is concluded
via the Online Store. The customer may terminate the order at any time
using services electronically by leaving the Store or by
deletion of the Customer Account, or by unsubscribing from the newsletter service. In such
In this case, the contract for the provision of services by electronic means is terminated
automatically without the need for additional declarations by the parties.
7. It is not possible to use the Store - in terms of placing Orders
or in the scope of Electronic Services – anonymously or using
pseudonym.

SECTION 3. PERSONAL DATA

1. The Seller processes personal data provided by Customers in accordance with
applicable legal provisions, including the Regulation of the European Parliament
(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection
natural persons in connection with the processing of personal data and in the matter
the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)
Data Protection Regulation) (OJ L 119, 4.5.2016).
2. The administrator of personal data processed in the Online Store is
in connection with the implementation of the provisions of these Regulations is the Seller.
3. Personal data are processed for the purposes, for the period and on the basis of the grounds and
the principles set out in the Privacy Policy published on the Store's website
Internet, which contains in particular the rules for processing
personal data by the Administrator in the Online Store, including the basis,
the purposes and period of processing personal data and the rights of data subjects
they concern, as well as information regarding the use of cookies in the Online Store
cookies.
4. Using the Online Store, including making purchases, is
voluntary, the provision of personal data by the user is also voluntary
from the Online Store by the Service Recipient or the Customer, provided that their absence
applications prevent registration, conclusion and execution of contracts
concluded by the Customer with the Seller.

SECTION 4. ADDITIONAL INFORMATION

§ 1 Account.
1. Account registration on the Store's website is free of charge and requires
following actions: The buyer should complete the registration form by providing
specific data (name and surname/company name, e-mail address, telephone number)
contact telephone number and password) and submit declarations regarding acceptance
Regulations, processing of personal data, provision of information
To the e-mail address of the Client provided by him in the process
Account registration will be sent a link to verify the Account. Login
to the Account involves providing the Client's e-mail address and password,
set by the Client. The password is confidential and should not be shared with anyone.
2. The account allows the Client to enter or modify data, make
or checking Orders and viewing Order history.

3. The Electronic Account Service is provided free of charge for the period
indefinite.
4. The Customer may resign from the Store Account at any time by sending
an appropriate request to the Seller electronically to the following e-mail address:
mysmell.berlin@gmail.com or in writing to the Seller's address: Tojs Spółka z o. o.
registered office Gdańsk 80-123, ul. Pana Tadeusza 42
§ 2. Newsletter
1. The Newsletter service is intended to provide the Customer with the information they have ordered.
2. Using the Newsletter does not require the Customer to register an Account, but does require
providing an e-mail address and submitting declarations regarding acceptance
Regulations, processing of personal data, provision of information
commercial.
3. A confirmation link will be sent to the Customer's email address.
Newsletter subscription.
4. The Newsletter service is provided free of charge for an indefinite period.
5. The customer may unsubscribe from the Newsletter at any time by sending
an appropriate request to the Seller electronically to the following e-mail address:
mysmell.berlin@gmail.com or in writing to the Seller's address: Tojs Spółka z o. o.
registered office Gdańsk 80-123, ul. Pana Tadeusza 42
§ 3. Discount
1. The Seller may grant discounts to Customers on the terms and conditions
established by the Seller.
2. The discount is available to both Customers who have an Account in the Seller's store,
and unregistered customers.
3 The discount is one-time and can only be used once within the
purchases in the Store and cannot be combined with other discounts.
4. A discount obtained incorrectly may be revoked. The seller will inform about it.
the Customer by e-mail, telephone or text message.
5. Using the discount is voluntary.
6. The discount is granted by providing the Customer with a discount code.
To use the discount, simply enter the given string of alphanumeric characters in

"Apply Coupon" field on the "Cart" page. Entering the code as described above
will activate a discount by a percentage of the Products contained in
basket.
7. Discounts are not cumulative. This means that you can get more than one discount for one Order.
use only one discount.

§ 4. Opinions
1. The Seller enables Customers to voluntarily issue free-of-charge
subjective opinions regarding purchases made in the Online Store,
including ratings and reviews of Products.
2. The service is provided for an indefinite period.
3. Opinions can only be submitted by Customers who have made purchases in the Store.
Online Seller. Opinion can only be issued in relation to
products actually purchased by the Customer in the Online Store
Sellers. It is not permissible to conclude fictitious Agreements for the purpose of issuing
opinions.
4. When posting an opinion, the Client may not include any illegal content, including:
in particular, constituting an act of unfair competition towards the Seller, or
and actions violating personal rights, intellectual property rights or other rights
the rights of the Seller or third parties. The Customer is fully responsible for
statements posted by him on the Website.
5. The use of the service is only possible for Customers who have an Account in
Shop.
6. The Seller is entitled to use the opinions for the purposes related to
run Shop.
7. The customer may delete the opinions he has posted at any time.
8. After the Customer makes a purchase in the Online Store, the Seller
sends the Client an e-mail request to issue an opinion along with a link to the form
online enabling its issuance.
9. In order to publish an opinion, the Customer should: provide a rating of the Product on a scale of 1 to
5 stars, your designation (name or nickname), your e-mail address (invisible to
other Users of the Service), the content of the opinion and confirm the addition of the Opinion.

The above data may be used to verify the truthfulness
statements.
10. The opinion submitted by the Client will be published after its verification by
The Seller in terms of its content being in accordance with the Regulations. The Seller is
entitled to decide on the publication or rejection of Opinions on the Website
in cases of its inconsistency with the Regulations, in particular when the Opinion is
contrary to law or good customs, and above all when it calls for
racial, religious, ethnic, etc. hatred and contains fascist content,
pornographic and generally considered vulgar, promotes violence or
offends religious feelings when it violates any rights of the Seller or others
third parties, including copyright, industrial property rights, confidentiality
the company or violates confidentiality obligations, has
is offensive in nature or constitutes a threat to other people, contains content
false or misleading, contains personal data, contact details,
e-mail addresses or other data enabling direct contact, etc. links to
other websites, entities other than the Seller, includes the price
products, is a copy of the content (in whole or in part) of another Opinion posted in
The Service; contains content of a commercial nature (including advertising), does not apply
in whole or in part of the reviewed Product. The Customer has the option to re-
placing an Opinion that meets the conditions of these Regulations.

CHAPTER 5. SALE

§ 1. Goods
1. All Products offered in the Store are new and free from defects.
2. A detailed description of the Goods can be found on the Store's website.
3. The Goods may be subject to a warranty or after-sales services.
Detailed information in this respect can be found in the description of the Goods.
§ 2. Orders and their execution
1. The order can be placed by filling out the Form available at
Shop.
2. Orders can be placed after registering an Account on the website
the Store's website or without registering an Account on the Store's website
(hospitality shopping).
3. The Client is obliged to fill out the Form carefully, providing all the information
data (including: name and surname/name, e-mail address, telephone number)
contact telephone number, delivery address) in accordance with the actual state and
specifying the chosen method of payment and delivery.

4. The Client provides data in the Form and submits declarations regarding acceptance
Regulations, processing of personal data, provision of information
commercial.
5. Orders can be placed in the Store 24 hours a day, 7 days a week.
Orders placed on Saturdays, Sundays or holidays will be processed the next day.
working day.
6. The Customer confirms the placement of the Order by selecting the button
(field) marked "order with obligation to pay". The seller will send
The Customer will receive an Order confirmation at the e-mail address provided by the Customer.
7. The order processing time (i.e. until the day of shipment of the Goods) is from 1 to 5 days.
working.
8. If the Client requests that the transaction be documented in the form of a VAT invoice
is obliged to provide the necessary data, including the Client's Tax Identification Number for the invoice no later than
when placing an Order.
The Seller is not responsible for the Customer providing incorrect or incomplete information.
data.
§ 3. Payments
1. All prices of Goods given in the Store are gross prices in Polish zlotys.
(prices include VAT). The price of the Goods does not include the costs referred to
referred to in point 2 below. The price of the Goods is given at the time of placing the order by the Customer
The order is binding on both parties.
2. Costs related to the delivery of the Goods (e.g. transport, delivery, postal services)
and any other costs are borne by the Client. The amount of these costs may depend on
Customer's choice regarding the method of delivery of the Goods. Information about the amount of these
costs are transferred at the stage of placing the Order.
3. The Customer may choose the following payment methods for the ordered Goods: 1)
traditional transfer - payment before the shipment of the Goods (prepayment). After placing
Orders The customer should pay/transfer the amount due to the bank account
Store. The Order will be fulfilled after the Customer's payment has been credited to
the Store's bank account;
2) BLIK payments, payment card, electronic transfer via the external payment system imoje, operated by ING Bank Śląski SA with its registered office in Katowice;
3) payment upon personal collection of the Goods (cash or card payment) - the Customer pays the amount due directly upon personal collection of the Goods in the Seller's stationary store. The order is fulfilled after the Order is accepted

4) payment upon receipt of the Goods (cash on delivery) - the Customer pays the amount due
directly upon receipt of the Goods from the courier. The order is fulfilled after
acceptance of the Order;
5) deferred payment "Pay later with Twisto" - a service that involves deferring
payment deadline of up to 30 days from the date of conclusion of the Sales Agreement. Payment service
deferred is carried out by Twisto Polska Sp. z o. o. with its registered office in Warsaw
(registered office address: ul. Puławska 2, 02-566 Warsaw), entered into the register
entrepreneurs of the National Court Register under KRS number 0000689624,
NIP: 9512442875, REGON: 367977970.
4. For each Product sold, the Store issues a proof of purchase and delivers it to the Customer.
5. The customer is obliged to pay within 7 days from the date of conclusion of the contract.
sale. If the Customer fails to make payment within this period, then - in accordance with Article 491
§ 1 of the Civil Code (Journal of Laws 2022, item 1360, as amended) - The Seller shall designate
The Client will be given an additional payment deadline, after which the payment will be deemed to have been made ineffective.
entitled to withdraw from the contract. If the Customer declares that the services are not
meets the conditions, the Seller may withdraw from the contract without setting a deadline
additional, also before the specified deadline for performance arrives.

§ 4. Delivery
1. The Product is sent to the address indicated by the Customer in the Form, unless the Parties
will not determine otherwise.
2. The product is delivered by a courier company or via
postal operator according to the Customer's choice. Shipping is carried out via
via the postal operator should be delivered within 6 days
working days from the date of shipment of the Goods, and via a courier company - within
within 1 to 4 business days from the date of shipment of the Goods.
3. The Customer may collect the Goods in person at Gdańsk 80-123 ul.
Pan Tadeusz 42.
4. Together with the Goods, the Seller delivers to the Customer all the elements of the Goods.
equipment and operating and maintenance manuals and other documents required by
provisions of generally applicable law.
5. In the case of parcels sent and not collected by the Customer, the parcel will be
returned to the Seller. In case the Customer fails to collect the delivered
the goods within the specified delivery date for reasons attributable to the Customer,

The Seller shall have the right to demand redress from the Customer.
damage resulting from improper performance of the Agreement by him, including the return
costs of return shipment to the Seller (shipping costs according to the price list
Operator). In the event of withdrawal from the sales agreement - in the event of
payment by transfer The Seller will refund the payments received from the Customer
after deducting the costs incurred by him. The seller will refund
funds due to the Buyer in the same manner in which he made the payment
unless the Consumer indicates another method of refund.
6. The Seller indicates that:
1) upon delivery of the Goods to the Customer or the carrier, the Customer is responsible for
benefits and burdens associated with the Goods and the risk of accidental loss
or damage to the Goods. When selling to a Consumer or Entrepreneur with
Consumer rights risk of accidental loss or damage
The Goods are transferred to the Consumer/Entrepreneur with the rights of the Consumer
the moment the Goods are handed over to him. The handing over of the Goods is considered to be the entrusting of the Goods by
The Seller to the carrier if the Seller had no influence on the selection
carrier by the Consumer/Entrepreneur with Consumer rights,
2) acceptance of the shipment with the Goods by the Customer (other than the Customer who is
Consumer or Entrepreneur with Consumer Rights) without reservations
shall result in the expiration of claims for loss or damage in transit, unless
That:
a) the damage was recorded in a protocol before acceptance of the shipment;
b) such failure to make such a declaration was due to the fault of the carrier;
c) the loss or damage was caused by wilful misconduct or gross negligence
carrier;
d) the damage that could not be seen from the outside was found by the authorized person after acceptance
shipment and on time
7 days he requested to determine its condition and prove that the damage occurred during
between acceptance of the shipment for transportation and its delivery.
§ 5. Additional information for the Consumer
1. The sales agreement is not concluded for an indefinite period and will not be subject to
automatic extension.
2. The minimum duration of the Consumer's obligations under the Agreement is the time
performance of the Agreement, i.e. payment and receipt of the Goods.

3. The use of the Store by the Consumer is not connected with the obligation to submit
deposit or providing other financial guarantees.
4. The Seller does not apply the code of good practice referred to in Article 2, point 5
Act of 23 August 2007 on Counteracting Unfair Practices
market (Journal of Laws 2017, item 2070).

CHAPTER 6. LIABILITY

1. Liability under warranty is excluded in legal relations with
Customers, and this exclusion also applies to Entrepreneurs with authorizations
Consumer.
2. The Seller is liable to the Consumer if the Goods are defective
physical or legal (warranty) under the terms specified in the provisions of the Code
Civil Code and the Act of 30 May 2014 on consumer rights, including
on the following principles:
1) the physical defect consists in the non-conformity of the Goods with the contract. In particular, the Goods
is inconsistent with the contract if:
a) The product does not have the properties that a product of this type should have due to its
the purpose specified in the contract or resulting from circumstances or intended use;
b) The Goods do not have the properties of which the Seller assured the Consumer;
c) The Goods are not suitable for the purpose about which the Consumer informed the Seller when
conclusion of the contract and the Seller did not raise any objections to such conclusion
destiny;
d) The Goods were delivered to the Consumer in an incomplete state.
2) The Goods have a legal defect if the Goods are owned by a third party or if
is encumbered with the rights of a third party, and also if the restriction on use or
the disposal of the Goods results from a decision or ruling of a competent authority;
In the event of the sale of the right, the Seller is also responsible for the existence of the right;
3) The Seller is liable under the warranty for physical defects that existed at the time of
the moment the risk passes to the Consumer or results from a cause inherent in
in the Goods at the same moment.
4) The Seller is released from liability under warranty if
The consumer knew about the defect at the time of conclusion of the contract;

5) if the physical defect was discovered within one year from the date of issue
Goods, it is presumed that the defect or its cause existed at the time of transfer
dangers to the Consumer;
6) The Seller is liable under the warranty if a physical defect is found
within two years from the date of delivery of the Goods to the consumer, and if the Goods
purchased by the Consumer is a used movable item, the Seller is liable
under the warranty, if a physical defect is detected before the expiry of one year
one year from the date of delivery of the Goods;
7) the Consumer's rights under the warranty are:
a) demand a reduction in the price of the Goods or withdrawal from the contract, unless the Seller
will replace the item immediately and without excessive inconvenience to the Consumer
defective with a defect-free one or remove the defect;
b) The consumer may, instead of the removal of the defect proposed by the Seller,
demand the exchange of the Goods for those free from defects or, instead of the exchange of the goods, demand
removal of the defect, unless the goods are brought into conformity with the contract in a manner
chosen by the Consumer is impossible or would require excessive costs
in comparison with the method proposed by the Seller. When assessing
excess costs, the value of the item free from defects, the type and
the significance of the defect found and the inconvenience caused is also taken into account
would expose the Consumer to another method of satisfaction;
8) The consumer who exercises the warranty rights is obliged to bear the costs
The Seller shall deliver the defective item to the Seller's address provided in Section 2
point 1 of the Regulations.
3. The Seller's liability for damages in legal relations with
Customers are limited each time only to the amount of the price paid
and delivery costs under the Sales Agreement, provided that this limitation does not apply
applies to the Consumer or the Entrepreneur with the rights of the Consumer. Limitation
The amount referred to in the previous sentence applies to all
claims made by the Service Recipient/Customer in relation to
Service Providers/Sellers, including in the event of failure to conclude an Agreement
Sales or unrelated to the Sales Agreement. Service Provider/Seller
is liable towards the Service Recipient/Customer (other than the Customer)
being a Consumer or an Entrepreneur with Consumer rights) only for
typical foreseeable damages at the time of conclusion of the contract and is not
liability for lost profits, and is not liable
liability for delay in transportation of the shipment.
CHAPTER 7. COMPLAINT HANDLING PROCEDURE

1. The Customer should submit complaints to the Seller in writing to the following address:
Tojs Spółka z o. o. with its registered office in Gdańsk 80-123, ul. Pana Tadeusza 42. About sending
You can also notify the Seller electronically at
e-mail address: mysmell.berlin@gmail.com, however, this does not apply to the Consumer and
Entrepreneurs with Consumer rights who can submit complaints to
Sellers any way they want.
2. If it is found that the shipment of Goods has been tampered with,
loss or damage, the Customer should immediately (no later than within 7 days)
from the date of receipt of the shipment) file a complaint with the Seller. Such action will enable
to pursue claims against the carrier. However, this is not a condition for consideration
complaints from a Consumer or an Entrepreneur with Consumer rights.
3. The complaint should include a detailed description of the problem and the Client's request,
possibly also photographic documentation.
4. The Seller undertakes to consider the complaint within 14 days. If
The Seller will not respond to any complaints from the Consumer or Entrepreneur
rights of the Consumer within 14 days, it is deemed that he has considered it justified.
5. If the complaint is accepted, the Seller will take appropriate actions.
6. It is possible to use out-of-court methods of resolving a dispute
complaints and pursuing claims in legal relations with Consumers, including:
1) the possibility of resolving disputes electronically using the ODR platform
(online dispute resolution), available at
http://ec.europa.eu/consumers/odr/; 2) the possibility of conducting proceedings
amicable settlement before a common court or an arbitration court or other
authorities; 3) the possibility of conducting mediation proceedings with the participation of
independent mediator.

CHAPTER 8. WITHDRAWAL FROM THE CONTRACT

1. Withdrawal from the Agreement by the Seller or the Customer may occur on the terms
specified in the provisions of the Civil Code.
2. The Consumer and the Entrepreneur with the rights of the Consumer are entitled to
the right to withdraw from the Agreement within 14 days from the date of receipt of the Goods.
3. Information on withdrawal from the Agreement by the Consumer and the Entrepreneur
the Consumer's rights are included in the information on the right of withdrawal,
available on the Store's website.
4. The right to withdraw from the Agreement does not apply to the Consumer/Entrepreneur
Consumer rights in relation to certain contracts, i.e.:

1) for the provision of services, if the Seller has fully performed the service with the express consent
Consumer/Entrepreneur with the rights of a Consumer who has been
informed before the commencement of the service that after the service has been provided
the Seller will lose the right to withdraw from the Agreement;
2) in which the price or remuneration depends on fluctuations in the financial market,
which the Seller has no control over and which may occur before the expiry of
deadline for withdrawal from the Agreement;
3) in which the Goods are non-prefabricated items manufactured according to
specifications of the Consumer/Entrepreneur with the rights of the Consumer or servant
meeting his individual needs;
4) where the Goods are items that spoil quickly or have a short shelf life.
expiration date;
5) where the Goods are items delivered in a sealed package,
Once the package has been opened, it cannot be returned for health or safety reasons.
for hygiene reasons if the packaging has been opened after delivery;
6) where the Goods are items that, due to their nature, after delivery,
become inextricably linked with other things;
7) where the Goods are alcoholic beverages, the price of which was agreed upon
conclusion of the Agreement, and which can only be delivered after 30 days and
the value of which depends on market fluctuations over which the Seller has no control;
8) in which the Consumer/Entrepreneur with the rights of the Consumer expressly requested,
for the Seller to come to him for urgent repairs or
maintenance; if the Seller provides additional services other than those
the performance was requested by the Consumer/Entrepreneur with the rights of the Consumer, or
supplies items other than spare parts necessary to perform the repair or
maintenance, the right to withdraw from the Agreement is granted to the Consumer/
Entrepreneurs with Consumer rights in relation to additional services
or things;
9) where the Goods are audio or visual recordings or programs
computer supplied in a sealed package if the package
was opened after delivery;
10) for the supply of newspapers, periodicals or magazines, with the exception of contracts for
subscription;
11) concluded through public auction;

12) for the provision of accommodation services other than for the purposes of
residential, goods transport, car rental, catering, related services
with leisure, entertainment, sporting or cultural events, if in
the contract specifies the day or period of provision of the service;
13) for the provision of digital content that is not recorded on a tangible medium,
if the performance of the service began with the express consent of the Consumer before
expiry of the deadline for withdrawal from the contract and after being informed by
Seller about the loss of the right to withdraw from the contract.
5. The Seller shall promptly, no later than within 14 days from the date of receipt
declarations of the Consumer/Entrepreneur with the rights of the Consumer about
withdrawal from the contract, will return to the Consumer all payments made by him
payments, including the costs of delivering the Goods. The Seller shall refund
payment using the same payment method used by the Consumer/
An entrepreneur with the rights of a consumer, unless the consumer has expressly agreed to
another method of return that does not involve any costs for him.
6. If the Consumer/Entrepreneur with Consumer rights has chosen the method
delivery of the goods other than the cheapest standard delivery method offered by
Seller, the Seller is not obliged to return
Consumers/Entrepreneurs with the rights of the Consumer incurred by
additional costs.
7. The Consumer/Entrepreneur with Consumer rights is obliged to
return of the Goods together with all accessories, including packaging, if
it is an essential element of the Goods. The Seller may refrain from
refund of payment until receipt of the Goods or until delivery
The Seller shall provide proof of its return, depending on which event occurs.
before.
8. The Consumer/Entrepreneur with Consumer rights is obliged to
only the direct costs of returning the Goods. The cost of returning the Goods to
Seller in connection with withdrawal, when it occurred due to lack of acceptance
Goods by the Customer for reasons attributable to the Customer, corresponds to the cost amount
delivery according to the type selected by the Customer when placing the Order.
9. The Consumer/Entrepreneur with Consumer rights is liable
liability for reducing the value of the Goods resulting from the use
him in a way that goes beyond what is necessary to establish the nature, characteristics and
functioning of the Goods.
10. In the event of effective withdrawal from the Agreement, the Agreement is deemed to have been
not concluded.

SECTION 9. INTELLECTUAL PROPERTY
1. The rights to the Website and the content contained therein belong to the Seller.
2. The address of the website where the Store is available, as well as the content of the website
www.my-smell.pl are subject to copyright and are protected
by copyright and intellectual property law.
3. All logos, names, graphic designs, films, texts, forms,
scripts, source codes, passwords, trademarks, service marks, etc. are trademarks
reserved and belong to the Seller, manufacturer or distributor of the Goods.
Downloading, copying, modifying, reproducing, transmitting or
distributing any content from the website www.my-smell.pl without consent
owner is prohibited.

CHAPTER 10. FINAL PROVISIONS

1. In matters not regulated by the Regulations in legal relations with Customers
or Consumers, the relevant provisions generally apply
the law in force in Poland.
2. Change of Regulations:
a) The Service Provider reserves the right to make changes to the Regulations
important reasons, i.e.: changes in legal regulations; changes in payment methods and
deliveries; adding, changing or canceling the provision of Electronic Services – in
to the extent to which these changes affect the implementation of the provisions of this
Regulations.
b) In the event of concluding contracts of a commercial nature pursuant to these Regulations,
continuous (such as, for example, the provision of the Electronic Service – Account)
the amended Regulations are binding on the Service Recipient if the Service Recipient has been properly
notified of the changes and did not terminate the contract within 15 days
calendar days from the date of notification. In the event that the Regulations change
resulted in the introduction of any new fees or increases
present The Service Recipient has the right to withdraw from the contract.
c) In the event of concluding contracts based on these Regulations which are not
are of a continuous nature, such as a Sales Agreement, changes to the Regulations do not
will violate the rights acquired by Service Recipients/Customers before the date of entry into force
changes to the Regulations, in particular changes to 10 of the Regulations, will not affect
for already placed Orders and concluded, implemented or performed Agreements
Sales.

3. The court with exclusive jurisdiction to resolve a dispute between the Seller and
The Customer will be the court with jurisdiction over the Seller's registered office, except for
resolving disputes between the Seller/Service Provider and the Consumer or Entrepreneur
with the rights of the Consumer.
4. The Regulations do not exclude the provisions of law in force in the ordinary country.
the place of residence of the Consumer concluding the agreement with the Service Provider/Seller,
which cannot be excluded by agreement. Service Provider/Seller
in such a case, it guarantees the Consumer the protection granted to him under
legal provisions that cannot be derogated from by agreement.
5. These Regulations are effective from 28/12/2022.
INSTRUCTION ON THE RIGHT TO WITHDRAW FROM THE CONTRACT
You have the right to withdraw from the contract within 14 days without giving any reason.
The deadline for withdrawal from the contract expires after 14 days from the day on which
in which you came into possession of the item or in which a third party other than
carrier and the person indicated by you took possession of the item. In order to take advantage of
the right to withdraw from the contract, you must inform us of your decision to
withdrawal from this contract by means of an unequivocal declaration (on
(e.g. a letter sent by post or e-mail).
Below you will find our contact details: Tojs Spółka z o. o. with headquarters in Gdańsk 80-
123, ul. Pana Tadeusza 42, e-mail: mysmell.berlin@gmail.com .You can
use the model withdrawal form, but this is not
mandatory. In order to meet the deadline for withdrawal from the contract, it is sufficient to
you have sent information regarding the exercise of your rights
withdrawal from the contract before the deadline for withdrawal from the contract expires. Consequences
withdrawal from the contract: in the event of withdrawal from the contract, we will refund you
all payments received from you, including the cost of delivering the goods (including
except for additional costs resulting from the method you choose
delivery other than the cheapest standard delivery method offered by us),
immediately and in any case no later than 14 days from the date on which
we have been informed of your decision to exercise your right of withdrawal
this agreement.
We will refund your payment using the same payment method that you used
were used by you in the initial transaction unless you expressly agreed
you agree to another solution; in any case you will not incur any costs
fees in connection with this refund. We reserve the right not to accept
returns sent cash on delivery, and we do not refund for such
shipping. We may withhold the refund until we receive the item
or until you provide us with proof of sending it back, whichever is earlier.
the event occurs earlier. Please send or hand over the item to us immediately,
and in any case no later than 14 days from the date on which you informed us
State to withdraw from this contract.

The deadline is met if you send the item back before the 14-day period expires.
You will have to bear the direct cost of returning the goods. They are responsible
The State is liable only for the reduction in the value of the item resulting from its use in
in a manner other than that necessary to establish the nature, characteristics and functioning
things.

Statute

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