Regulations

 Terms of Use of the Online Store “x-booster.energy

Terms of Use of the Online Store “x-booster.energy

 

 I. General Provisions
  1. The online store x-booster.energy available at: https://x-booster.energy, hereinafter referred to as the “Online Store”, is an online sales platform operated by the company under the name of: LUNA CORPORATE spółka z ograniczoną odpowiedzialnością with registered office at Suchy Las (registered address: Obornicka street 174, 62-002 Suchy Las), entered in the Register of Entrepreneurs under KRS no.: 0000873454, using Tax Identification Number (NIP): 6751740806 and REGON no.: 387707640, hereinafter referred to as the “Seller”.
  2. The online store x-booster.energy referred to in paragraph 1 above sells products of the brands: X-booster energy of the future  and X-booster boost your energy, which belong to the company under the name: X-booster spółka z ograniczoną odpowiedzialnością with its registered office in Suchy Las (registered address: Obornicka street 174, 62-002 Suchy Las), entered in the Register of Entrepreneurs under the KRS no.: 0001052344, using the Tax Identification Number (NIP): 9721342468 and REGON no.: 525928193. In accordance with current regulations, the manufacturer of the above products is      X-booster spółka z ograniczoną odpowiedzialnością with its registered office in Suchy Las.
  3. These Terms of Use, hereinafter referred to as “Terms of Use” define in particular the rights and obligations of buyers and the Seller.
  4. For contact purposes, the Seller provides its email address:                                   [email protected] and telephone number: +48 789755830 (call cost according to the operator’s tariff). The address at which complaints can be submitted is provided in Chapter VII (5) of the Terms of Use.

 

II. Definitions

In terms used herein shall have the following respective meanings:

  1. Online Store – an online store under the domain name https://x-booster.energy.
  2. Terms of Use – this document (terms of use) setting forth the rights and obligations of the Seller and the Buyer as well as the rules for the use of the Online Store.
  3. Seller - LUNA CORPORATE spółka z ograniczoną odpowiedzialnością with registered office at Suchy Las (registered address: Obornicka street 174, 62-002 Suchy Las), entered in the Register of Entrepreneurs under KRS no.: 0000873454, using Tax Identification Number (NIP): 6751740806 and REGON no.: 387707640.
  4. Service Provider - as in item 3 above.
  5. Buyer – a natural person, legal person and unincorporated body, vested with legal capacity by a specific statute, purchasing Goods via the Online Store.
  6. Consumer – a natural person purchasing Goods via the Online Store for a purpose not directly related to their business or professional activity.
  7. Entrepreneur with Consumer Rights – a natural person purchasing Goods via the Online Store for purposes directly related to their business activity, where the content of the contract shows that it does not have a professional character for the Entrepreneur, resulting in particular from the object of their business activity, made available on the basis of the provisions on the Central Registration and Information on Economic Activity, referred to in Article 7aa of the above-mentioned Act of 30 May 2014 on consumer rights.
  8. Goods –  movable things in the form of products offered under the brands                  X-booster energy of the future and X-booster boost your energy, intended for sale via the Online Store run by the Seller on the basis of a sales contract concluded between the Seller and the Buyer (i.e. nicotine pouches that do not contain tobacco).
  9. Civil Code – the Act of 23 April 1964 – Civil Code (consolidated text, Journal of Laws of 2022, item 1360, as amended).
  10. Consumer Rights Act – the Act of 30 May 2014 on consumer rights (consolidated text, Journal of Laws of 2020, item 287, as amended).
  11. Act on the Provision of Services by Electronic Means – the Act of 18 July 2002 on the provision of services by electronic means (consolidated text, Journal of Laws of 2020, item 344, as amended).

 

III. Rules for using the Online Store and conditions for the sale of Goods
  1. Placing specific Goods on the Online Store along with their prices does not constitute an offer to sell them, but only an invitation for the Buyer to enter into a Contract. For the purposes of entering into a particular contract, it shall not become binding until the order is accepted for execution by the Seller.
  2. A party to contracts concluded with the Seller, in connection with sales made in the Store, may only be a natural person of at least 18 years of age with full legal capacity who purchases Goods only for purposes not related to business or professional activity.
  3. The placing an order in the Online Store by the Buyer is conditional on reading these Terms of Use and accepting its provisions in the course of the order execution process.
  4. Orders shall be executed exclusively in the Republic of Poland.
  5. The Seller shall receive orders via the x-booster.energy website. Before placing an order for Goods available in the Seller’s current offer, the Buyer shall be informed about the main features of the Goods, the total price thereof including taxes, as well as about delivery fees and other costs, if they are related to the execution of the order, as well as about the method and date of payment for the Goods covered by the order.
  6. Orders can be placed with the Online Store by filling in the relevant forms available on the Online Store website pages.
  7. When placing an order, the Buyer must provide correct personal data: first and last name, address of delivery, email address and mobile phone number.
  8. An order shall be confirmed by the Seller sending an appropriate email to the Customer’s address provided in the Order form. The conclusion of the sales contract between the Buyer and the Seller be effected after the Buyer has placed an Order and after its confirmation by the Seller. 
  9. After receiving the order, the Seller shall verify the stock and inform the Buyer about the availability of the Goods ordered. Having verified the order, the Seller shall, without undue delay, send to the Buyer’s email address a message confirming the acceptance of one or several individual offers for Goods, submitted as part of the order, indicating the expected lead time, thus confirming the conclusion of the sales contract, subject to Chapter II (10) hereof below. The lead time referred to above is usually not more than 14 business days, subject to paragraph 10 below. To this period, the time for delivery by the courier should be added, which usually takes: 7 or 8 business days. In the case of foreign shipments, the delivery time may be extended, of which the Customer will be informed. The lead time is counted from the moment the payment for the product is credited to the Seller’s bank account (in accordance with the provisions of Chapter IV (7) of the Terms of Use).
  10. If the order placed by the Buyer cannot be executed due to the unavailability of specific Goods, the Buyer shall be immediately informed thereof. The Seller may indicate to the Buyer the time of delivery of unavailable Goods and if the Buyer expressly accepts such time, the order shall be considered valid, and only the lead time will change as arranged between the Parties through email correspondence. The Parties may also, at the express request of the Buyer, make arrangements other than those described above. In the event of definitive unavailability of specific Goods or if the Buyer opts out of the order for the reason indicated in this paragraph above (e.g. finding the order lead time for unavailable Goods unacceptable), the Buyer shall immediately receive a refund of the sum of money already paid (if a payment has been made).  
  11. If the order placed by the Buyer cannot be executed due to circumstances attributable to the Buyer (e.g. lack of payment if one of the payment methods described in Chapter III (3) subitems (2), (3), or (4) hereof has been chosen), the Seller may immediately inform the Buyer thereof. In particular, in such a case, no sales contract is concluded and thus no order is executed. 
  12. Orders shall be placed in the Online Store by the Buyer using the button indicating an order with obligation to pay and after the Buyer confirms having read the Terms of Use.
  13. In each case, after receiving an order, the Seller shall send the Terms of Use to the Buyer and thus meet the obligation to provide the Consumer Buyer with the information referred to in Article 12 (1) of the Consumer Rights Act.
  14. A VAT invoice or fiscal receipt shall be issued for each order.
  15. Orders can be placed with the Online Store on a 24/7/365 basis.
  16. The Buyer has the option to give an opinion, on a voluntary and free-of-charge basis, regarding Goods purchased in the Online Store. An opinion may also concern an assessment, photo or review of Goods purchased in the Online Store.
  17. The Seller represents that all opinions about Goods appearing on the Online Store website come only from Buyers who have purchased Goods in the Online Store. In order to ensure that opinions about the Goods come from Buyers, the Seller uses the CRM program in the Shoper system, which allows to verify that opinions about the Goods come only from Buyers who actually purchased the Goods from the Seller’s Online Store.
  18. Opinions are Buyers’ subjective statements. The Seller disclaims any liability for their content; however, a published opinion shall be subject to verification by the Seller to check whether the opinion concerned does not contain content prohibited by law, i.e. in particular whether the opinion does not violate applicable laws and regulations, contains prohibited content, advertising, personal data, violates copyright, etc.
  19. The Buyer is obliged to ensure that the published opinion does not violate applicable law or the rights of third parties. 
  20. In the Online Store, the Buyer has the option of creating a customer account (hereinafter referred to as “Customer Account”) by following the registration process in which they provide the data specified in the registration form. Creating a Customer Account is free of charge, voluntary and is not a condition for placing an order with the Online Store. The Buyer has the option of placing an order via the Online Store without first creating a Customer Account, using the order form available on the Online Store website. When creating a Customer Account, the Buyer undertakes to provide true data.  When registering a Customer Account, the Seller shall send the Terms of Use to the Buyer, thus fulfilling the obligation to provide the Consumer Buyer with the information referred to in Article 12 (1) of the Consumer Rights Act.
  21. Users of the Online Store, including in particular Buyers, have the opportunity to obtain a free electronic service provided by the Seller via e-mail, which allows all users to automatically receive marketing messages from the Seller containing information about Goods, services, news and special deals in the Online Store (hereinafter: “Newsletter”).
  22. The terms and conditions of the Newsletter service are set forth in Chapter Xa of the Terms of Use.

 

IV. Prices and Terms of Payment
  1. The prices of all Goods offered by the Online Store are gross prices (including VAT) denominated in Polish zlotys or Euro (which will be clearly marked next to a given offer).
  2. The price given next to the Goods when placing an order is binding at the time the order is being placed by the Buyer.
  3. The Seller shall enable the Buyers to pay for Goods ordered in the following manner: 
  • cash on delivery,
  • by electronic bank transfer to the Seller’s bank account,
  • using fast payments (Blik),
  • by credit card (Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro) or other payment instruments if they are available as part of the Online Store functionality, via the “Stripe” or “PayNow” systems operated by the Seller’s settlement partners – when placing an order.
  1. For the avoidance of doubt, the Seller represents that in the event of payment when collecting Goods in person is selected, payment by debit or credit card is not possible.
  2. The Seller’s settlement partner is the payment system operator “PayNow” that is Paynow.pl–mBank S.A.  with its registered office in Warszawa (Senatorska street 18, Warszawa), entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Commercial Division of the National Court Register, under the number under KRS number: 0000025237, with Tax Identification Number (NIP): 526-021-50-88, with fully paid-up share capital, the amount of which as of day 01.01.2019 is PLN 169.347.928, being a payment service provider within the meaning of the Payment Services Act of 19 August 2011. The second settlement partner is “Stripe”, that is the Stripe.com platform, which is owned by Stripe, Inc. with its registered office in San Francisco, CA 94103, at 510 Townsend Street.
  3. If the form of payment indicated in Chapter III (3) of the Terms of Use above (excluding cash on delivery) is selected, the Buyer shall be automatically redirected to the external electronic payment service operated by payment service providers (PayNow, Stripe) and follow the instructions contained therein.
  4. The customer is required to make payments using one of the above-mentioned methods within 7 calendar days from the date of conclusion of the sales contract.
  5. The Seller shall start order processing on the next business day following the authorisation of the payment transaction, i.e. the next business day after the payment authorisation (excluding the cases indicated in paragraph 9 below). 
  6. If cash on delivery is selected, the Seller shall start the execution of the order on the next business day following the order confirmation in accordance with the Terms of Use, and the Buyer is required to make the payment when collecting the parcel containing the Goods ordered.
  7. The Seller does not use an algorithm that adjusts prices based on automated decision-making.

 

V. Right of Withdrawal from the Contract
  1. In accordance with the Consumer Rights Act, the Consumer Buyer or Entrepreneur with Consumer Rights who has concluded a distance contract may withdraw from the contract within fourteen (14) days from the date of receipt of the Goods without giving a reason, by submitting to the Seller a notice of withdrawal from the contract. 
  2. The deadline for withdrawal from the contract shall expire after 14 days from the date on which the Buyer came into possession of the Goods or on which a third party other than the carrier and a person indicated by you came into possession of the Goods.
  3. In order to exercise the right to withdraw from the contract, the Buyer should submit an unambiguous notice of withdrawal from the distance contract in writing. The notice should be sent: 
  • to LUNA CORPORATE spółka z ograniczoną odpowiedzialnością with its registered office in Suchy Las (address of the registered office: Obornicka street 174, 62-002 Suchy Las) or 
  • by electronic means, i.e. in the form of e-mail correspondence to: [email protected].  
  1. In order to exercise the right to withdraw from the contract, the Buyer may use the withdrawal form, but this is not mandatory. The withdrawal notice form constitutes Appendix 1 to the Terms of Use.
  2. In order to meet the deadline for withdrawal from the contract, it is sufficient for the Buyer to send information regarding the exercise of their right of withdrawal before the deadline for withdrawal from the contract.
  3. If the Buyer has purchased more than one item of Goods under one order, the withdrawal may apply to all Goods or only those selected by the Buyer, with the proviso that if the Goods are sold as a set, suite or package, withdrawal is possible with respect to such set, suite or package. In the event of withdrawal from the sales contract, the contract shall be considered void with respect to the purchase of the Goods (set, suite or package) from which the Buyer withdrew
  4. If the Buyer serves a notice of withdrawal electronically, the Seller shall immediately send a confirmation of receipt of the notice of withdrawal (on a durable data medium within the meaning of Article 2 (4) of the Consumer Rights Act).

 

VI. Effects of Withdrawal
  1. In the event of effective withdrawal from the contract, the Seller shall return to the Buyer all payments received from Buyer, including the costs of delivery of the Goods (with the exception of additional costs resulting from the delivery method chosen by the Buyer other than the cheapest usual method of delivery offered by the Seller) immediately, and in any case not later than 14 days from the date on which the Seller received a notice of withdrawal from the distance contract from the Buyer. 
  2. The refund of payment shall be made using the same payment method as that used by the Buyer during the Goods purchase transaction, unless the Buyer has expressly accepted another form of payment refund, which does not involve any costs for the Buyer. In any case, the Buyer shall not incur any fees in connection with the return and refund, except for the cost of shipping the returned Goods.
  3. The Buyer is required to return the Goods immediately, and in any case not later than 14 days from the date on which the Buyer informed the Seller about the withdrawal from the contract. Returned Goods should be sent to: LUNA CORPORATE spółka z ograniczoną odpowiedzialnością with its registered office in Suchy Las (registered office address: Obornicka street 174,                  62-002 Suchy Las). The deadline is satisfied if the Goods are returned within the period of 14 days, The Seller may stipulate that in the event of withdrawal from the contract, the thing subject to return shall be collected by the Seller or by a person authorised by them.
  4. The Buyer is obliged to properly secure the returned Goods so as to prevent the damage thereof in transport (direct cost of returning the item in accordance with Article 34(2) of the Consumer Rights Act). The Consumer shall bear the direct costs of returning the Goods.
  5. The Buyer shall be liable only for the decrease in the value of the returned Goods resulting from the use thereof other than necessary to establish the nature, characteristics and functioning of the Goods. If the delivered Goods are incomplete or bear traces of use, exceeding the usual scope indicated in the sentence above, the Seller reserves the right to refuse to accept such returned Goods, or to reduce the refund amount by the equivalent of the damage to the Goods.
  6. The right to withdraw from the contract shall not apply: (a) in the cases specified in Article 38 of the Consumer Rights Act, in particular in a situation where the subject matter of the performance is a thing produced to the Buyer’s specifications or serving to satisfy the Buyer’s individual needs or where the subject matter of the performance involves things that, due to their nature, are inseparably connected with other things after delivery; (b) if a natural person conducting business activity has concluded a contract directly related to their business, and the contract is of a professional nature for that person resulting in particular from the object of the person’s business, which is recorded in the Central Register and Information on Economic Activity.

 

VII. Complaint procedure
  1. The Consumer Buyer or the Entrepreneur with Consumer Rights referred to in Article 7aa of the Consumer Rights Act may file a complaint against the Seller in the event of non-compliance of Goods with the contract. The legal basis for the complaint is the non-compliance of Goods (purchased product) with the contract as provided for in the Consumer Rights Act, in particular in Article 5a of the aforementioned Act.
  2. The provisions of this Chapter shall apply to the Buyers referred to in item 1 above. 
  3. In the event of non-compliance of Goods with the contract, the Buyer is entitled to a relevant claim against the Seller for bringing the Goods into conformity with the contract.  
  4. The Seller shall be liable for non-conformity of Goods with the contract if the lack of conformity of the Goods with the contract existed at the time of delivery of the thing (Goods) to the Buyer or was damaged in transport. The rules of the Seller’s liability, including its scope and duration, are set out in the Consumer Rights Act.
  5. The complaint notice should be sent to the address: LUNA CORPORATE spółka z ograniczoną odpowiedzialnością with its registered office in Suchy Las (registered address: Obornicka street 174, 62-002 Suchy Las) or in the form of email correspondence to the following address:                                 contact@x-booster (to improve the complaint handling process, the Seller recommends that the Buyer provide the order number in the title and add the word “complaint”). 
  6. The Seller recommends that the complaint contain: firth and last name, contact details, order number, description of the transaction to which the complaint relates or other circumstances justifying the complaint, including information and circumstances regarding the subject matter of the complaint, in particular the type and date of occurrence of a fault (if documenting the fault concerned is possible, e.g. with photos), as well as the Buyer’s specific demand related to the complaint. Providing the above information shall facilitate and accelerate the consideration of the complaint by the Seller. Meeting the requirements described above shall not affect the effectiveness of complaints submitted without them. 
  7. If the data or information provided in the complaint need to be supplemented, before considering the complaint, the Seller shall ask the Buyer submitting the complaint to supplement it as instructed.
  8. The Seller shall consider the complaint within 14 days from the date of its receipt. In the absence of the Buyer’s explicit indication of the preferred method of notification of the complaint outcome, the Buyer who has submitted the complaint in writing shall be notified of its outcome by registered mail to the address provided in the complaint, and in the case of complaints submitted in the form of an electronic message – by email to the indicated email address. If the complaint is rejected, the Seller shall notify the Buyer thereof giving the reasons for such decision.  If the Buyer has requested the replacement of a thing or claimed price reduction, specifying the amount by which the price is to be reduced, and the Seller has failed to respond to the request within 14 days from the date of its receipt, such request shall be deemed justified.
  9. If complaint is found to be justified, which results in the Seller’s obligation to refund all or part of the price paid, the refund shall be made using the same payment methods as that used by the Buyer during the Goods purchase transaction, unless the Buyer has expressly accepted another form of payment refund, which does not involve any costs for the Buyer. 

 

VIII. Provisions relating to Consumer Disputes
  1. If the Seller does not resolve a complaint as expected by the Consumer Buyer, the Buyer may use out-of-court complaint and redress methods, which include the following:
  • may refer the case to a permanent consumer arbitration court operating at the Trade Inspection Authority with a request to settle the dispute;
  • may request the provincial inspector of the Trade Inspection Authority to initiate mediation proceedings regarding for an amicable settlement of the dispute;
  • may use free assistance on out-of-court dispute resolution and redress of district (municipal) consumer ombudsmen and civic society organisations whose statutory tasks include consumer protection;
  • may use the European ODR (Online Dispute Resolution) platform available at http://ec.europa.eu/consumers/odr/.
  1. Detailed information on the possibility of the Buyer using out-of-court complaint and redress methods and the rules of access to these procedures are available at the offices and on the websites of the Office of Competition and Consumer Protection, provincial inspectorates of the Trade Inspection Authority and district (municipal) consumer ombudsmen, as well as civic society organisations whose statutory tasks include the protection of consumer rights.
  2. The above provisions are for informational purposes only and do not constitute an obligation of the Seller to use out-of-court dispute resolution methods. In each case, the Seller’s statement of consent or refusal to participate in proceedings for out-of-court resolution of consumer disputes shall be submitted by the Seller on paper or other durable medium in the event that, as a result of a complaint submitted by the Buyer (being a consumer), the dispute has not been resolved.

 

IX. Personal Data

Detailed information on the processing of personal data is indicated in the information clause, available in the tab: “Privacy Policy” in the Online Store and pursuant to Article 13 of the 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) (OJ L. of 2016. No. 119, p. 1, as amended), hereinafter referred to as: “GDPR”, provided to Buyers during the registration of a Customer Account or the transaction involving purchase of Goods (without registration).

 

X. Special Provisions Related to the Services Rendered by the Online Store by Electronic Means
  1. With regard to the services provided electronically by the Online Store, these Terms of Use constitute the terms and conditions for the provision of electronic services within the meaning of the Act on the Provision of Electronic Services.
  2. For the purposes of the Terms of Use, all texts, photos, graphics, charts, video materials, multimedia materials, etc. placed on the Online Store website, in particular those constituting a work within the meaning of the Act of 4 February 1994 on copyright and related rights (consolidated text, Journal of Laws of 2019, item 1231, as amended), shall be defined as “Materials”.
  3. The Services provided via the Online Store (hereinafter referred to in this chapter as “Services” or “Service”) consist in making the content and functionality of the Online Store website available free of charge to its users, including Buyers, in particular through: 
  • enabling users, including Buyers, to familiarise themselves with the Materials made available in such a way that the user has access to them at a place and time of their choosing, regardless of the type and mode of operation of the device used by the user for this purpose;
  • enabling Buyers to place online orders and enter into online sales contracts – with regard to Goods and setting up a Customer Account; 
  • enabling Buyers to publish opinions about Goods or services provided by the Seller;
  • sending information to the Buyer or user regarding services provided by electronic means and enabling contact with the Seller;
  • enabling users, including Buyers, to use the Newsletter service under the terms and conditions specified in the Terms of Use, including in particular the terms and conditions specified in Chapter Xa of the Terms of Use.
  1. The contract for the provision of electronic Services by electronic means between the Seller and the user of the Online Store, subject to paragraph 5 below, is concluded by the user for the use of the Online Store website. The Contract for the provision of Services by electronic means shall be terminated when the user closes the Online Store website page, unless laws and regulations of general application provide for a different form of termination of the provision of Services, including by sending to the Seller an appropriate, legally substantiated relevant request (e.g. a request to delete personal data reported in accordance with the information provided in the GDPR privacy notice).  
  2. Contracts for the provision of Services by electronic means between the Seller and the user of the Online Store, to the extent relating to the creation and use of the Customer Account or receiving commercial information regarding Goods and services offered by the Seller, shall be concluded for an indefinite term by creating a Customer Account or giving appropriate consent. The Contract for the provision of services by electronic means with regard to the aforesaid shall be terminated when the User closes the Customer Account, as well as in the event that laws and regulations of general application provide for a different form of termination of the provision of Services, including by sending to the Seller an appropriate, legally substantiated relevant request (e.g. a request to delete personal data reported in accordance with the information provided in the GDPR privacy notice).  
  3. The Seller shall make every effort to ensure fully convenient and secure use of the Online Store website for the user of the Online Store website or the Buyer. The Seller shall ensure the operation of the ICT system it uses, enabling the use of Services provided by electronic means, so as to prevent unauthorised access to the content of the communication as part of the Service provided.
  4. The Seller represents that the use of Services provided by electronic means, referred to in the Terms of Use, may involve typical, commonly known risks associated with the use of IT equipment and the internet. Therefore, the Seller recommends that users take measures to increase security and minimise the possibility of such risks, such as the use of antivirus software.
  5. The Seller reserves the following technical requirements necessary for the proper operation of the Online Store website (including effective placement of an order with the Online Store): 
  • a device enabling the display via a web browser of content transmitted over the internet, 
  • web browser, updated to the latest versions, without add-ons that change the browser’s operation (the use of latest versions of the following web browsers is recommended: Firefox, Chrome, Internet Explorer, Microsoft Edge, Opera, Safari for OS X, etc.), 
  • a keyboard or other device enabling the correct completion of electronic forms;
  • cookie technology; 
  • active internet access (internet link).
  1. The Online Store website uses the Responsive Web Design (RWD) technology, which adjusts the content of the page to the device on which it is displayed. The Online Store website is prepared to be displayed both on desktop computers and on mobile devices.
  2. The Online Store website has an SSL certificate (SSL is a secure communication encryption protocol).
  3. The Online Store website and all Materials contained therein, including works, collections of works, databases and trademarks are subject to protection provided for in laws and regulations of general application, in particular those regarding intellectual or industrial property.
  4. Each user of the Online Store website, including in particular the Buyer, may file a complaint regarding the functioning of the Online Store. Such complaints should be sent in electronic form to the email address stated in Chapter VII (5) of the Terms of Use or in writing to the address of the Seller. The complaint should include: indication of the subject matter of the complaint and indication of the manner in which the complaint should be dealt with (demand) and contact details for response to the complaint. The provisions of Chapter VII of the Terms of Use shall apply accordingly. 
  5. The Seller reserves the right to change the functionality of the Online Store and to temporarily suspend the activity of the Online Store website for the duration of maintenance or other work related to the development of the Online Store website; in particular, the Seller reserves the right to change the functionality of the Online Store to the extent specified in Chapter X hereof below.
  6. Matters not provided for in the Terms of Use shall be governed exclusively by Polish law, in particular the provisions of the Act on the Provision of Services by Electronic Means.

 

Xa. Newsletter service

  1. The Newsletter service may be used by anyone using the Online Store, including, in particular, the Buyer who enters his/her e-mail address and expresses appropriate consent to receive marketing messages electronically, using a form made available by the Seller on the Online Store website for this purpose. After submitting a completed registration form, the Buyer (or any other user of the Online Store) enters into a contract for electronic provision of Newsletter service. Newsletter service is completely voluntary and free of charge.
  2. Each Newsletter addressed to Buyers (or users of the Online Store who have agreed to be provided with the Newsletter service) contains, in particular: information about the sender, a completed “subject” field, specifying the content of the package, and information about the possibility and method of cancelling the free Newsletter service.
  3. The Buyer (or a user of the Online Store who has agreed to be provided with the Newsletter service) may unsubscribe from the Newsletter at any time by means of an unsubscribe link provided in each email sent as part of the Newsletter service or by deactivating the relevant field in the Customer Account or by sending a relevant message to the email address: [email protected].

 

XI. Final Provisions
  1. When placing an order, the Buyer undertakes to provide only true data.
  2. Whenever reference is made in the Terms of Use refer to working days, these shall be the days from Monday to Friday, with the exception of public holidays in force in Poland.
  3. Each Internet user has the right to download the content of the Terms of Use in printable format from the website x-booster.energy and save it on their own medium.
  4. The Seller reserves the right to change the Terms of Use for the following important reasons:
  • changes in laws and regulations or issuance of a decision by an authorised body requiring an appropriate change – to the extent necessary;
  • the need to ensure the secure operation of the Online Store and prevent fraud – to the extent necessary;
  • the need to protect the legitimate interests of Buyers – to the extent necessary;
  • to adapt the Terms of Use to the current product offer – to the extent necessary;
  • change in the scope or manner of providing services to which the provisions of the Terms of Use apply, by the Seller introducing new, modifying or withdrawing existing functionalities or services covered by the Terms of Use;
  • changes clarifying or eliminating possible inaccuracies and changes regarding the definitions used in the Terms of Use, changes relating to the Seller’s (business) name.
  1. In the event of amendments to the Terms of Use, the Seller shall provide information about such amendment and the consolidated text of the Terms of Use by publishing it in printable format on the Online Store website: x-booster.energy, so that the Buyer can read its content and save it on their own medium. The announcement of an amendment to the Terms of Use referred to in the preceding sentence shall in particular specify the effective date of the amendment of the Terms of Use, not less than 14 calendar days in advance, running from the date of making the amended Terms of Use available, unless the applicable law or the decision of an authorised body requires the Seller to amend them within a shorter time period and subject to Chapter XI (7) of the Terms of Use below.  In addition, Buyers who have registered a Customer Account in the Online Store shall be informed about changes to the Terms of Use by sending appropriate information to the email address provided. 
  2. An amendment to the Terms of Use shall enter into force after 14 days from the date of making information about the amendment available in the manner referred to in Chapter XI (5) hereof above, excluding the cases indicated in Chapter XI (7) hereof below. Buyers who have registered a Customer Account in the Online Store shall have the right to terminate the Terms of Use within 14 days of the date of being notified about such amendment to the Terms of Use. An amendment to the Terms of Use shall not affect transactions concluded by the Buyer and the Seller before the amendment of the Terms of Use.
  3. In the event of amendments to the Terms of Use that are more beneficial for Buyers or that concern only changes in the method of registration with the Online Store, which do not affect the rights and obligations of the Buyers already bound by the Terms of Use at the time of their introduction, or amendments that expand or improve functionalities, including technical functionalities of the Online Store, without prejudice to any rights acquired by the Buyers, the provisions of Chapter XI (5)–(6) hereof shall apply accordingly, with the proviso that the above amendments to the Terms of Use become effective upon their publication, also for the Buyers who have registered a Customer Account with the Online Store.
  4. The Buyer may terminate the Terms of Use at any time by immediate notice. This can be done by sending an appropriate request to the email address:                         [email protected], or by sending it in writing to the Seller’s address stated in Chapter I (1) of the Terms of Use. Termination of the Terms of Use shall result in the deletion of the Customer Account from the Online Store.
  5. Deletion of the Customer Account from the Online Store may also take place in connection with the exercise of the Buyers’ rights and the Seller’s obligations resulting from the provisions of the GDPR, in accordance with the Privacy Policy referred to in Chapter IX of the Terms of Use or as a result of the exercise of other legal obligations.
  6. Deletion of the Customer Account from the Online Store shall result in the loss of all rights acquired by the Buyer under the Terms of Use or current non-public marketing campaigns if they are provided to Buyers. 
  7. The Seller reserves the right to terminate the Terms of Use and discontinue the operation of the Online Store. The Seller shall give notice of closure of the Online Store on the Online Store website at least 14 calendar days before the planned end of the Online Store operation. In addition, at the same time, the Seller shall inform the Buyers who have registered a Customer Account with the Online Store by sending relevant information to the e-mail address provided about the termination of the Online Store operation.
  8. The Seller reserves the right to refuse to execute an order and serve the Buyer if reasonable grounds arise to believe that the Buyer is dishonest or attempts to place an order in a manner inconsistent with the law, the rules of social intercourse or the Terms of Use.
  9. The notices referred to in Chapter XI hereof shall be given by sending relevant information to the email address provided by the Buyer who registered their Customer Account.
  10. The Seller reserves the right to change its Goods offer, which will not have any impact on orders previously placed or executed for the Buyers.
  11. The Terms of Use enter into force on the day of their publication and shall apply for an indefinite period.
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