Terms of service

Terms of Service of the LivaMio Online Store

This document primarily sets out the rules under which contracts are concluded in the Store, and provides important information about the Seller, the Store, and the rights afforded to Consumers.



TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Seller
§ 3 Technical Requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order Fulfillment
§ 7 Right of Withdrawal
§ 8 Exceptions to the Right of Withdrawal
§ 9 Complaints
§ 10 Personal Data
§ 11 Disclaimers
Annex No. 1: Model Withdrawal Form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, excluding public holidays in Poland.
Civil Code – the Polish Act of 23 April 1964, the Civil Code.
Consumer – a Buyer who is a natural person, purchasing in the Store or taking steps towards making a purchase, without a direct connection to their business or professional activity.
Account – a digital service, within the meaning of the Consumer Rights Act, governed by separate terms, thanks to which the Buyer may use additional features in the Store free of charge.
Buyer – any entity making purchases in the Store or taking steps towards making a purchase.
Privileged Buyer – a Consumer or a Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, entering into or intending to enter into a contract with the Seller on the basis of these Terms, directly related to their business activity, but not of a professional nature for them.
Terms – these terms of service.
Store – the LivaMio online store operated by the Seller at https://livamio.com.
Seller – ANNA RYBA, an entrepreneur conducting business under the name ROYAL VISION ANNA RYBA, entered in the Central Register and Information on Economic Activity kept by the minister responsible for the economy and for maintaining the Central Register and Information on Economic Activity, NIP 9372373914, REGON No. 242905877, ul. Ciasna 14, 43-300 Bielsko-Biała.
Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACTING THE SELLER

  1. Postal address: ul. Ciasna 14, 43-300 Bielsko-Biała
  2. E-mail address: info@livamio.com
  3. Phone: +48 797 897 788
  4. The cost of a phone call or data transmission made by the Buyer follows the basic tariff of the telecommunications operator or internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Buyer.

§ 3 TECHNICAL REQUIREMENTS

  1. For the Store to function properly, the following is needed:
    • a device with internet access
    • a web browser supporting JavaScript and cookies.
  2. To place an order in the Store, in addition to the requirements set out in para. 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

  1. Product prices shown in the Store are total prices for the product.
  2. The Seller notes that the total price of the order consists of the following, as indicated in the Store: the price of the product and, where applicable, the cost of delivering the goods.
  3. The product selected for purchase should be added to the cart in the Store.
  4. The Buyer then selects the delivery method and payment method for the order from the options available in the Store, and provides the data necessary to fulfill the order placed.
  5. The order is placed at the moment the Buyer confirms its content and accepts the Terms.
  6. Placing an order is equivalent to concluding a contract between the Buyer and the Seller.
  7. The Buyer may register in the Store, i.e. create an Account, or make purchases without registration by providing their details with each order.

§ 5 PAYMENTS

  1. Available payment methods. Payments for orders placed in the Store are processed via the Shopify Payments system.
  2. The Customer may pay using the following methods: – payment cards: Visa, Mastercard, Maestro, American Express and UnionPay, – BLIK, – Klarna deferred payments (if available to the Customer at the time of placing the order). Detailed payment processing rules may be subject to the terms of the payment operators and providers of the individual payment methods. 
  3. By shopping in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw this acceptance.
  4. The card payment operator is PayPro SA Settlement Agent, ul. Pastelowa 8, 60-198 Poznań, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto i Wilda in Poznań, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP 7792369887, REGON 301345068.

§ 6 ORDER FULFILLMENT

  1. The order fulfillment time is indicated in the Store.
  2. If the Buyer has chosen to pay for the order in advance, the Seller will begin fulfilling the order once it has been paid for.
  3. If, within a single order, the Buyer has purchased products with different fulfillment times, the order will be fulfilled within the time frame applicable to the product with the longest fulfillment time.
  4. Countries to which delivery is made:
    • Poland.
  5. The following delivery methods are available in the Store:
    1. via a courier company;
    2. to InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL

  1. The Privileged Buyer has the right to withdraw from a contract concluded with the Seller via the Store, subject to § 8 of the Terms, within 14 days without giving any reason.
  2. The withdrawal period expires after 14 days from the day:
    1. on which the Privileged Buyer took possession of the goods, or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of the goods;
    2. on which the Privileged Buyer took possession of the last item, batch or part, or on which a third party other than the carrier and indicated by the Privileged Buyer took possession of the last item, batch or part, in the case of a contract requiring the transfer of ownership of multiple goods delivered separately, in batches or in parts.
  3. To exercise the right of withdrawal, the Privileged Buyer must inform the Seller, using the details provided in § 2 of the Terms, of their decision to withdraw from the contract by means of an unambiguous statement (for example, a letter sent by post or e-mail).
  4. The Privileged Buyer may use the model withdrawal form provided at the end of the Terms, but this is not obligatory.
  5. To meet the withdrawal deadline, it is sufficient for the Privileged Buyer to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

    EFFECTS OF WITHDRAWAL
  6. In the event of withdrawal from the concluded contract, the Seller shall reimburse the Privileged Buyer all payments received from them, including the costs of delivering the goods (except for additional costs resulting from the Privileged Buyer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), without undue delay, and in any case no later than 14 days from the day on which the Seller was informed of the Privileged Buyer's decision to exercise the right of withdrawal.
  7. The Seller will make the reimbursement using the same means of payment as used by the Privileged Buyer in the original transaction, unless the Privileged Buyer expressly agrees to a different solution; in any case, the Privileged Buyer will not incur any fees as a result of this reimbursement.
  8. If the Seller has not offered to collect the goods from the Privileged Buyer themselves, the Seller may withhold reimbursement until the goods are received back or until proof of their return is provided, whichever occurs first.
  9. The Seller requests that goods be returned to: ul. Ciasna 14, 43-300 Bielsko-Biała, without undue delay and in any case no later than 14 days from the day on which the Privileged Buyer informed the Seller of the withdrawal from the sales contract. The deadline is met if the Privileged Buyer sends back the goods before the 14-day period has expired.
  10. The Privileged Buyer bears the direct costs of returning the goods.
  11. The Privileged Buyer is only liable for any diminished value of the goods resulting from handling other than what was necessary to establish the nature, characteristics, and functioning of the goods.
  12. If, due to their nature, the goods cannot be returned by post in the normal way, the Privileged Buyer will also have to bear the direct cost of returning the goods. The Privileged Buyer will be informed by the Seller of the estimated amount of these costs in the product description in the Store or when placing the order.
  13. If a refund is required for a transaction made by the Privileged Buyer using a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right of withdrawal from a distance contract referred to in § 7 of the Terms does not apply to a contract:
    1. in which the subject of performance is a non-prefabricated good, manufactured according to the Privileged Buyer's specifications or intended to meet their individualized needs;
    2. in which the subject of performance is a good that deteriorates quickly or has a short shelf life;
    3. in which the subject of performance is a good delivered in a sealed package which, once opened, cannot be returned for health or hygiene reasons, if the package was opened after delivery;
    4. in which the subject of performance are goods which, after delivery, due to their nature, become inseparably combined with other items;
    5. in which the subject of performance are sound or visual recordings, or computer software supplied in sealed packaging, if the packaging was opened after delivery;
    6. for the delivery of newspapers, periodicals, or magazines, except for subscription contracts;
    7. in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control and which may occur before the withdrawal period expires.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

  1. The Seller is liable to the Privileged Buyer for the conformity of performance with the contract, as provided for by generally applicable law, in particular the provisions of the Consumer Rights Act.
  2. The Seller requests that complaints (including those concerning the operation of the Store) be sent to the postal or e-mail address indicated in § 2 of the Terms.
  3. If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
  4. The Seller will respond to a complaint within 14 days of its receipt.

II PRIVILEGED BUYERS

  1. Goods
    1. In the event of a lack of conformity of the goods with the contract, the Privileged Buyer may exercise the rights set out in Chapter 5a of the Consumer Rights Act.
    2. The Seller is liable for a lack of conformity of the goods with the contract existing at the time of delivery and disclosed within two years of that time, unless the shelf life of the goods, as specified by the Seller, its legal predecessors, or persons acting on their behalf, is longer.
    3. Under the provisions of the Consumer Rights Act, in the event of a lack of conformity with the contract, the Privileged Buyer may demand:
      1. replacement of the goods,
      2. repair of the goods.
    4. In addition, the Privileged Buyer may submit a statement regarding:
      1. a price reduction,
      2. withdrawal from the contract
      in a situation where:
      • the Seller has refused to bring the goods into conformity with the contract in accordance with Art. 43d(2) of the Consumer Rights Act;
      • the Seller has not brought the goods into conformity with the contract in accordance with Art. 43d(4–6) of the Consumer Rights Act;
      • the lack of conformity of the goods with the contract continues, despite the Seller having attempted to bring the goods into conformity with the contract;
      • the lack of conformity of the goods with the contract is so significant as to justify a price reduction or withdrawal from the contract without first using the remedies specified in Art. 43d of the Consumer Rights Act;
      • it is clear from the Seller's statement or the circumstances that it will not bring the goods into conformity with the contract within a reasonable time or without significant inconvenience to the Privileged Buyer.
    5. In the case of goods to be repaired or replaced, the Privileged Buyer should make the goods available to the Seller. The Seller collects the goods from the Privileged Buyer at its own expense.
    6. The Privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is immaterial.
    7. In the event of withdrawal from the contract as referred to in this section (concerning goods), the Privileged Buyer shall promptly return the goods to the Seller at the Seller's expense, to the address ul. Ciasna 14, 43-300 Bielsko-Biała. The Seller shall refund the price to the Privileged Buyer promptly, no later than within 14 days from the day of receiving the goods or proof of their return shipment.
    8. The Seller shall refund to the Privileged Buyer amounts due as a result of exercising the right to a price reduction promptly, no later than within 14 days from the day of receiving the Privileged Buyer's statement regarding the price reduction.
  2. Out-of-court complaint handling and redress procedures
    1. The Seller informs the Consumer of the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or websites of entities authorized to handle disputes out of court. The Consumer may use, among others:
      • the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of Consumer Centres relevant for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
      • the online ODR (Online Dispute Resolution) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
        – whereby the possibility of filing complaints via the ODR platform expires on 20 March 2025.
      In addition, within the territory of the Republic of Poland, the following forms of support are available:
      • mediation conducted by the locally competent Provincial Trade Inspectorate, to which a mediation request should be directed. As a rule, the procedure is free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • assistance from the locally competent permanent consumer arbitration court operating at the Provincial Trade Inspectorate, to which an application for the case to be examined by the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    2. The preceding provision is informational in nature and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution methods.
    3. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Seller and the Consumer.
    4. The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PRIVILEGED BUYERS

  1. In the event of a defect in the goods, a Buyer other than a Privileged Buyer may make a complaint about the defective goods based on the statutory warranty regulated in the Civil Code.
  2. Towards a Buyer other than a Privileged Buyer, the Seller is liable under the statutory warranty if a physical defect is found within two years from the date the goods were delivered to the Buyer.
  3. In accordance with the Civil Code, a Buyer who is an entrepreneur other than a Privileged Entrepreneur loses their warranty rights if they did not inspect the goods at the time and in the manner customary for goods of this kind and did not promptly notify the Seller of the defect, and, if the defect only came to light later – if they did not notify the Seller promptly after discovering it. To meet the above deadline, it is sufficient to send the notice of defect before it expires.
  4. When exercising the warranty, a Buyer other than a Privileged Buyer may, on the terms set out in the Civil Code:
    1. submit a statement on a price reduction,
    2. in the case of a material defect – submit a statement on withdrawal from the contract,
    3. demand replacement of the goods with defect-free goods,
    4. demand removal of the defect.
  5. If it turns out that, in order to process the complaint, it is necessary to deliver the defective goods to the Seller, a Buyer other than a Privileged Buyer is obliged to deliver these goods to the address ul. Ciasna 14, 43-300 Bielsko-Biała.

§ 10 PERSONAL DATA

  1. The controller of the personal data provided by the Buyer while using the Store is the Seller. Detailed information regarding the processing of personal data by the Seller – including other purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store, referred to, due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU), as the “GDPR”.
  2. The purpose of the Seller's processing of the Buyer's data, provided by the Buyer in connection with purchases in the Store, is the fulfillment of orders. The legal basis for the processing of personal data in this case is:
    • the contract or actions taken at the Buyer's request aimed at concluding it (Art. 6(1)(b) GDPR),
    • the legal obligation incumbent on the Seller, related in particular to accounting and product safety (Art. 6(1)(c) GDPR), and
    • the Seller's legitimate interest, consisting of processing data for the purpose of establishing, pursuing or defending against possible claims (Art. 6(1)(f) GDPR).
  3. Providing data by the Buyer is voluntary, but at the same time necessary for concluding the contract. Failure to provide the data will prevent the contract from being concluded in the Store.
  4. The Buyer's data provided in connection with purchases in the Store will be processed until the moment when:
    1. the contract concluded between the Buyer and the Seller ceases to be in force;
    2. the Seller is no longer subject to a legal obligation requiring it to process the Buyer's data;
    3. the possibility of pursuing claims by the Buyer or the Seller, related to the contract concluded via the Store, ceases;
    4. the Buyer's objection to the processing of their personal data is accepted – in cases where the basis for data processing was the Seller's legitimate interest
    – depending on which applies in a given case.
  5. The Buyer has the right to request:
    1. access to their personal data,
    2. its rectification,
    3. its erasure,
    4. restriction of processing,
    5. transfer of data to another controller
      as well as the right to:
    6. object at any time, for reasons related to their particular situation, to the processing of their personal data based on Art. 6(1)(f) GDPR (i.e. based on the legitimate interests pursued by the Seller).
  6. To exercise their rights, the Buyer should contact the Seller using the details provided in § 2 of the Terms.
  7. If the Buyer believes that their data is being processed unlawfully, the Buyer may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

  1. The Buyer is prohibited from providing content of an unlawful nature.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of the Terms. The contract is concluded for the duration and for the purpose of fulfilling the order.
  3. All contracts concluded under these Terms are subject to Polish law, subject to para. 4.
  4. The choice of Polish law for contracts concluded under the Terms with a Consumer does not deprive or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide broader protection than that resulting from these Terms or Polish law – that broader protection shall apply.
  5. Contracts concluded under the Terms are concluded in Polish.
  6. In the event of any dispute with a Buyer who is not a Privileged Buyer, related to a contract concluded via the Store, the competent court shall be the court having jurisdiction over the Seller's registered office.


Annex No. 1 to the Terms

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not required to, use:



MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

ROYAL VISION ANNA RYBA
ul. Ciasna 14, 43-300 Bielsko-Biała
e-mail address: info@livamio.com

- I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby give notice(*) that I/we withdraw from my/our contract of sale of the following goods(*) / for the provision of the following service(*):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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- Date of conclusion of contract(*)/receipt(*)

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- Name of consumer(s)/privileged entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- Address of consumer(s)/privileged entrepreneur(s):

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Signature of consumer(s)/privileged entrepreneur(s)
(only if this form is sent on paper)

Date . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.





Terms of Use of the Online Store


concerning content added by Users (DSA)


Point of Contact

To contact us, you may use the following forms of electronic communication:

e-mail: info@livamio.com

Regardless of these forms of electronic communication, it is also possible to contact us by phone at: +48 797 897 788



Language of Communication

You may contact us in the following languages:

  • Polish,
  • English.


Content Entered by Users

The online store allows you to enter content that is stored on our website.

This content includes:
  • product reviews (including services),
  • comments,
  • photos,
  • other content you add.

We make sure that reviews come from people who have used or purchased the given product. To this end, we send review requests only to people who have purchased a product from us.



Restrictions on Content Entered by Users

Please remember that when using our website you may not enter illegal content (in particular content such as incitement to hatred, content of a terrorist nature, and unlawful discriminatory content), or content which becomes illegal under applicable law due to the fact that it relates to illegal activities. For example, the following are considered illegal activities:

  • sharing images depicting the sexual abuse of children,
  • unlawfully sharing private images without consent,
  • cyberstalking,
  • unauthorized use of copyrighted materials,
  • illegal offering of accommodation services,
  • illegal sale of live animals.

Nor should you enter content that violates the rules of social conduct or is inconsistent with the terms of use of our services, including the provisions, rules, terms and regulations related to our website – to the extent that they concern content entered by you on the website.

In particular, when using our website it is prohibited to enter content that may constitute:

  • Degrading, offensive or demeaning material: any content that could be considered offensive or demeaning, or that could harm anyone's good name.
  • Erotic content: pornographic material or other content of a clearly sexual nature.
  • False information and disinformation: spreading false information or content that misleads users, in particular regarding the state of medical or scientific knowledge.
  • Propaganda and totalitarian ideologies: materials promoting ideologies or activities deemed illegal in Poland or that infringe the values of a democratic state governed by the rule of law.
  • Spam and unsolicited advertising information: sending or publishing unsolicited advertising or marketing materials.
  • Infringement of intellectual property rights: publishing content without appropriate rights or licenses, infringing copyright or industrial property rights.
  • Impersonating other users: pretending to be someone else or publishing content on behalf of another person without their consent.
  • Content unrelated to the service's activity: publishing material that is not related to the subject matter or purpose of the website.
  • Content generally considered indecent: including profanity.


Reporting Illegal Content

If you wish to report illegal content to us, please contact us via the Point of Contact whose details are given at the beginning of these terms.

 

Please include in your report:
  • A sufficiently substantiated explanation of the reasons why you allege that the relevant information constitutes illegal content.
  • A clear indication of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling identification of the illegal content, depending on the type of content and the specific type of hosting service.
  • Your first and last name or name and e-mail address – except for reports concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU (i.e. sexual offenses against children and child pornography).
  • A statement confirming a good faith belief that the information and allegations contained in the report are accurate and complete.

It is sufficient for you to include this information in your message. You may use the report template provided at the end of this document.

We collect this information pursuant to Art. 16(2) of Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act), the so-called DSA.

If you submit a report by e-mail or provide your electronic contact details in it, we will confirm receipt of the report to you.

We will also inform you of the actions we have taken regarding the illegal content you reported, as well as the possibilities of appealing our decision.



Content Moderation

Content entered by users within the Online Store is moderated by us in response to user reports. We may also take such actions on our own initiative.

We respond to any reports of a possible violation of the law or the rules of social conduct, or of provisions, rules, terms and regulations related to our website. We take appropriate action without delay to remove or disable access to illegal content as soon as we become aware of it or receive such notice.

Please note that we are not obliged to independently search for illegal content.

Content moderation is carried out on the basis of legal provisions, in particular the provisions of the Digital Services Act (DSA).



Statement of Reasons for Actions We Take Regarding User Content

If action is taken against illegal content or content that does not comply with the rules described in this document, we inform all relevant recipients – provided we know their relevant electronic contact details – of the restrictions imposed on the content or on the user responsible for it, insofar as these apply due to the nature of the service or other provisions of agreements binding on us, in the form of:

  • Restrictions on the visibility of certain information provided by us, including removal of content, disabling access to content, or demoting content.
  • Suspension, termination or other restriction of monetary payments.
  • Suspension or termination of the provision of the service, in whole or in part.
  • Suspension or closure of the service recipient's account.

Every action we take will be justified.

We may refrain from providing such information if the content constitutes misleading commercial content of a large volume.



MODEL REPORT OF ILLEGAL INFORMATION

To streamline the process of reporting illegal content, we encourage you to submit information in accordance with the template below. Use of the template is NOT mandatory.

First and last name of the reporting person: ………………….

E-mail address of the reporting person: …………………

(The fields for the reporting person's details do not apply to reports concerning information considered to be related to one of the offenses referred to in Articles 3–7 of Directive 2011/93/EU, i.e. sexual offenses against children and child pornography)

URL address(es) where the content I am reporting is located: ………………………………………………………………………………………………………………………………

Any additional information that will allow identification of the reported content: ………………………………………………

Substantiated explanation of the reasons why I allege that the reported information constitutes illegal content:

………………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………………………………………………………

I declare that I have, in good faith, formed the belief that the information and allegations in my report are accurate and complete.





Account Terms

at the LivaMio Store

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contacting the Service Provider
§ 3 Technical Requirements
§ 4 Account
§ 5 Complaints
§ 6 Right of Withdrawal
§ 7 Personal Data
§ 8 Changes to the Terms or the Account
§ 9 Final Provisions

§ 1 DEFINITIONS

Consumer – a Service Recipient who is a natural person who has entered, on the basis of these Terms, into an agreement for the maintenance of an Account, or is taking steps towards concluding it, without a direct connection to their business or professional activity.
Account – a digital service within the meaning of the Consumer Rights Act, provided free of charge electronically by the Service Provider to the Service Recipient, thanks to which the Service Recipient may use additional features in the Store.
Loyalty Program – a loyalty program run by the Service Provider in the Store, under which a Service Recipient with an Account may earn and use Points on the terms set out in these Terms.
Points – points awarded to the Service Recipient on the terms set out in these Terms as part of the Loyalty Program, allowing the Service Recipient to purchase selected products in the Store at a discount.
Privileged Entrepreneur - a Service Recipient who is a natural person entering, on the basis of these Terms, into an agreement for the maintenance of an Account (or taking steps towards concluding it), directly related to their business activity, but not of a professional nature for them.
Terms - these Account terms.
Store – the LivaMio online store operated by the Service Provider at https://livamio.com
Service Recipient - any entity that has entered into an agreement for the maintenance of an Account or is taking steps towards concluding it.
Privileged Service Recipient – a Service Recipient who is a Consumer or a Privileged Entrepreneur.
Service Provider - ANNA RYBA, an entrepreneur conducting business under the name ROYAL VISION ANNA RYBA, entered in the Central Register and Information on Economic Activity kept by the minister responsible for the economy and for maintaining the Central Register and Information on Economic Activity, NIP 9372373914, REGON No. 242905877, ul. Ciasna 14, 43-300 Bielsko-Biała.
Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights.

§ 2 CONTACTING THE SERVICE PROVIDER

  1. Postal address: ul. Ciasna 14, 43-300 Bielsko-Biała
  2. E-mail address: info@livamio.com
  3. Phone: +48 797 897 788
  4. The cost of a phone call or data transmission made by the Service Recipient follows the basic tariff of the telecommunications operator or internet service provider used by the Service Recipient. The Service Provider notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider used by the Service Recipient.

§ 3 TECHNICAL REQUIREMENTS

  1. To properly use and set up the Account, the following is needed:
    • an active e-mail account,
    • a device with internet access,
    • a web browser supporting JavaScript and cookies.

§ 4 ACCOUNT

  1. Creating an Account is entirely voluntary and dependent on the will of the Service Recipient.
  2. The Account gives the Service Recipient additional capabilities, such as: viewing the order history placed by the Service Recipient in the Store, checking order status, or independently editing the Service Recipient's data, as well as participating in the Loyalty Program.
  3. To create an Account, the relevant form in the Store must be completed.
  4. At the moment of creating the Account, an agreement for the maintenance of the Account is concluded for an indefinite period between the Service Recipient and the Service Provider on the terms set out in these Terms.
  5. The Service Provider begins providing the Account maintenance service on the terms set out in these Terms without delay after the conclusion of the agreement for the maintenance of the Account.
  6. The Service Recipient may resign from the Account at any time, free of charge.
  7. Deletion of the Account results in termination of the agreement for the maintenance of the Account. To have the Account deleted by the Service Provider, the Service Recipient must send their resignation from the Account to the Service Provider's e-mail address given in § 2 of the Terms, which will result in the immediate deletion of the Account and termination of the agreement for the maintenance of the Account.

LOYALTY PROGRAM

  1. The Loyalty Program is intended for Service Recipients who have an Account. Earning and using Points by the Service Recipient is possible only via the Account.
  2. Upon creating the Account, the Service Recipient becomes a participant in the Loyalty Program and remains one for the duration of the agreement for the maintenance of the Account.
  3. For every PLN 1 spent in the Store as part of a single order, the Service Recipient will receive the following number of Points: 1, subject to paras. 11 and 12.
  4. Points for an order placed will be due to the Service Recipient only if the Service Provider concludes with the Service Recipient a contract for the purchase of the products indicated in the order. Points will be credited to the Service Recipient automatically, within the order fulfillment period.
  5. When calculating the number of Points due for an order placed, only the funds spent by the Service Recipient on products ordered in the Store, without using Points, are taken into account, and without taking into account additional costs related to ordering the product, such as delivery costs.
  6. The Service Recipient may earn the following number of Points: 1 for each review published in the Store and added by them via the Account, in accordance with the law and the principles of social conduct, regarding a product purchased by the Service Recipient in the Store.
  7. Points due to the Service Recipient for publishing a review in the Store will be credited without delay, automatically, no later than within 7 days after the review is added by the Service Recipient.
  8. Points earned by the Service Recipient form a single pool.
  9. The current number of Points collected by the Service Recipient will be visible in the Account.
  10. If the current pool of Points accumulated in the Account exceeds the threshold specified in this provision, the Service Recipient will receive a discount on every purchase made in the Store using the Account, in the amount specified below:
    • 5% — after accumulating the following number of Points: 200.
  11. The relevant discount will be automatically deducted from the total price of the products that are the subject of the Service Recipient's order.
  12. The Service Provider has the right to cancel Points:
    1. credited for orders for which the Service Provider has refunded the Service Recipient the funds paid for the product; in the case of a Privileged Service Recipient, this provision applies only in a situation where the refund resulted from withdrawal from the contract by the Privileged Service Recipient under Chapter 4 of the Consumer Rights Act;
    2. awarded despite unsuccessful payment for the order (which does not preclude the possibility of earning the Points again as a result of properly paying for the order);
  13. Cancellation of Points under the preceding provision does not affect Points already used by the Privileged Service Recipient.
  14. Points accumulated in the Loyalty Program may only be used in the manner specified in this section. Points accumulated in the Loyalty Program are not exchangeable for money, may not be sold, and may not be transferred to third parties.

§ 5 COMPLAINTS

I GENERAL PROVISIONS

  1. The Service Provider requests that complaints regarding the Account be sent to the postal or e-mail address indicated in § 2 of the Terms.
  2. The Service Provider will respond to a complaint within 14 days of receiving the complaint notification.

II PRIVILEGED SERVICE RECIPIENTS

  1. The Service Provider is liable to the Privileged Service Recipient for the conformity of performance with the contract, as provided for by generally applicable law, in particular the provisions of the Consumer Rights Act.
  2. In the event of improper performance by the Service Provider of the agreement for the maintenance of the Account, the Privileged Service Recipient may exercise the rights regulated in Chapter 5b of the Consumer Rights Act.
  3. If the Service Provider has not supplied the digital service, the Privileged Service Recipient may call upon it to supply it. If, despite this, the Service Provider does not supply the digital service without delay or within an additional period expressly agreed by the Service Provider and the Privileged Service Recipient, the Privileged Service Recipient may withdraw from the agreement for the maintenance of the Account.
  4. The Privileged Service Recipient may withdraw from the agreement for the maintenance of the Account without calling for the digital service to be supplied, if:
    1. it is clear from the Service Provider's statement or the circumstances that it will not supply the digital service, or
    2. the Privileged Service Recipient and the Service Provider have agreed, or it is clear from the circumstances of the conclusion of the agreement for the maintenance of the Account, that a specific deadline for supplying the digital service was of material importance to the Privileged Service Recipient, and the Service Provider did not supply it by that deadline.
  5. The Service Provider is liable for a lack of conformity with the agreement for the maintenance of the Account of a digital service supplied on a continuous basis, which occurred or became apparent during the period in which, under this agreement, the service was to be supplied.
  6. If the digital service is inconsistent with the agreement for the maintenance of the Account, the Privileged Service Recipient may demand that it be brought into conformity with this agreement.
  7. In the event of a lack of conformity of the digital service with the agreement for the maintenance of the Account, the Privileged Service Recipient is obliged to cooperate with the Service Provider, to a reasonable extent and using the technical means least burdensome for themselves, in order to determine whether the lack of conformity of the digital service with the agreement for the maintenance of the Account within a reasonable time results from the characteristics of the Privileged Service Recipient's digital environment.
  8. In addition, if the digital service is inconsistent with the agreement for the maintenance of the Account, the Privileged Service Recipient may submit a statement of withdrawal from this agreement when:
    1. bringing the digital service into conformity with the agreement for the maintenance of the Account is impossible or requires disproportionate costs pursuant to Art. 43m(2) and (3) of the Consumer Rights Act;
    2. the Service Provider has not brought the digital service into conformity with the agreement for the maintenance of the Account within a reasonable time from when the Service Provider was informed by the Privileged Service Recipient of the lack of conformity with this agreement, and without significant inconvenience to the Privileged Service Recipient, taking into account the nature and purpose of the digital service for which it is used;
    3. the lack of conformity of the digital service with the agreement for the maintenance of the Account continues, despite the Service Provider having attempted to bring the digital service into conformity with this agreement;
    4. the lack of conformity of the digital service with the agreement for the maintenance of the Account is so significant as to justify withdrawal from the agreement for the maintenance of the Account without first using the remedy specified in Art. 43m of the Consumer Rights Act (i.e. demanding that the digital service be brought into conformity with the agreement);
    5. it is clear from the Service Provider's statement or the circumstances that it will not bring the digital service into conformity with the agreement for the maintenance of the Account within a reasonable time or without significant inconvenience to the Privileged Service Recipient.

III OUT-OF-COURT COMPLAINT HANDLING AND REDRESS PROCEDURES

  1. The Service Provider informs the Consumer of the possibility of using out-of-court methods of handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or websites of entities authorized to handle disputes out of court. The Consumer may use, among others:
    • the assistance of the relevant European Consumer Centre from the Network of European Consumer Centres. The Centres provide information on consumer rights and help resolve disputes in the case of cross-border purchases. Assistance from European Consumer Centres is generally free of charge. A list of Consumer Centres relevant for a given country can be found at: https://konsument.gov.pl/eck-w-europie/
    • the online Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
      – whereby the possibility of filing complaints via the ODR platform expires on 20 March 2025.
    In addition, within the territory of the Republic of Poland, the following forms of support are available:
    • mediation conducted by the locally competent Provincial Trade Inspectorate, to which a mediation request should be directed. As a rule, the procedure is free of charge. A list of inspectorates can be found here: https://uokik.gov.pl/kontakt-inspekcja-handlowa
    • assistance from the locally competent permanent consumer arbitration court operating at the Provincial Trade Inspectorate, to which an application for the case to be examined by the arbitration court should be submitted. As a rule, the procedure is free of charge. A list of inspectorates is available at: https://uokik.gov.pl/kontakt-inspekcja-handlowa
  2. The preceding provision is informational in nature and does not constitute an obligation on the part of the Service Provider to use out-of-court dispute resolution methods.
  3. The use of out-of-court methods of handling complaints and pursuing claims is voluntary for both the Service Provider and the Consumer.
  4. The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

§ 6 RIGHT OF WITHDRAWAL

  1. The Privileged Service Recipient has the right to withdraw from the agreement for the maintenance of the Account concluded with the Service Provider, within 14 days without giving any reason.
  2. The period for withdrawing from the agreement for the maintenance of the Account expires after 14 days from the day the agreement was concluded.
  3. To exercise the right of withdrawal, the Privileged Service Recipient must inform the Service Provider, using the details provided in § 2 of the Terms, of their decision to withdraw from the agreement by means of an unambiguous statement (for example, a letter sent by post or e-mail).
  4. The Privileged Service Recipient may use the model withdrawal form provided at the end of the Terms, but this is not obligatory.
  5. To meet the withdrawal deadline, it is sufficient for the Privileged Service Recipient to send information concerning the exercise of the right of withdrawal before the withdrawal period has expired.

§ 7 PERSONAL DATA

  1. The controller of the personal data provided by the Service Recipient in connection with concluding the agreement for the maintenance of the Account is the Service Provider. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for data processing, as well as data recipients – can be found in the privacy policy available in the Store, referred to, due to the transparency principle contained in the General Data Protection Regulation of the European Parliament and of the Council (EU), as the “GDPR”.
  2. The purpose of processing the Service Recipient's data is the maintenance of the Account. The legal basis for the processing of personal data in this case is the agreement for the maintenance of the Account or actions taken at the Service Recipient's request aimed at concluding it (Art. 6(1)(b) GDPR), as well as the Service Provider's legitimate interest, consisting of processing data for the purpose of establishing, pursuing or defending against possible claims (Art. 6(1)(f) GDPR).
  3. Providing data by the Service Recipient is voluntary, but at the same time necessary for concluding the agreement for the maintenance of the Account and for the provision of the services it covers. Failure to provide the data means that the agreement for the maintenance of the Account cannot be concluded, and the Service Provider will not be able to provide the services it covers.
  4. The Service Recipient's data will be processed until the moment when:
    1. the agreement for the maintenance of the Account ceases to be in force;
    2. the possibility of pursuing claims by the Service Recipient or the Service Provider, related to the Account, ceases;
    3. the Service Recipient's objection to the processing of their personal data is accepted – in cases where the basis for data processing was the Service Provider's legitimate interest
    – depending on which applies in a given case.
  5. The Service Recipient has the right to request:
    1. access to their personal data,
    2. its rectification,
    3. its erasure,
    4. restriction of processing,
    5. transfer of data to another controller
      as well as the right to:
    6. object at any time, for reasons related to their particular situation, to the processing of their personal data based on Art. 6(1)(f) GDPR (i.e. based on the legitimate interests pursued by the Service Provider).
  6. To exercise their rights, the Service Recipient should contact the Service Provider.
  7. If the Service Recipient believes that their data is being processed unlawfully, the Service Recipient may lodge a complaint with the authority responsible for personal data protection. In Poland, this is the President of the Personal Data Protection Office.

§ 8 CHANGES TO THE TERMS OR THE ACCOUNT

  1. The Service Provider reserves the right to change the Terms only for important reasons. An important reason is understood to mean the need to change the Terms caused by:
    1. a change in the functionality of the Account requiring modification of the Terms, or
    2. a change in legal provisions affecting the performance of the agreement for the maintenance of the Account by the Service Provider, or the adaptation of the services to recommendations, guidelines, orders or prohibitions, judgments, decisions, interpretations or rulings of competent public authorities, or
    3. a change in the Service Provider's contact or identification details.
  2. Information about the planned change to the Terms will be sent to the Service Recipient's e-mail address assigned to the Account at least one month before the changes come into effect.
  3. If the Service Recipient does not object to the planned changes before they come into effect, it is assumed that they accept them, which does not prevent them from terminating the agreement in the future.
  4. In the event of non-acceptance of the planned changes, the Service Recipient should send information about this to the Service Provider's e-mail address given in § 2 of the Terms, which will result in termination of the agreement for the maintenance of the Account when the planned changes come into effect.
  5. The Service Provider may make a change to the Account that is not necessary to maintain its conformity with the agreement for the maintenance of the Account, for the reason indicated in para. 1(b) or due to a change in the functionality of the Account. The introduction of the change referred to in the preceding sentence will not involve any costs for the Privileged Service Recipient. The provisions of paras. 2–4 apply accordingly.
  6. If the change referred to in para. 5 significantly and adversely affects the Privileged Service Recipient's access to or use of the Account, the Service Provider will send the Privileged Service Recipient, with reasonable advance notice, on a durable medium, to the Privileged Service Recipient's e-mail address, information about the characteristics and timing of this change and about the rights afforded to the Privileged Service Recipient in connection with this change.

§ 9 FINAL PROVISIONS

  1. The Service Recipient is prohibited from providing content of an unlawful nature.
  2. The agreement for the maintenance of the Account is concluded in Polish.
  3. The agreement concluded under these Terms is subject to Polish law, subject to para. 4.
  4. The choice of Polish law for a contract concluded under the Terms with a Consumer does not deprive or limit the rights of the Consumer under mandatory provisions of law applicable to the Consumer in a situation where there is no choice of law. This means, in particular, that if the national provisions applicable to a given Consumer provide broader protection than that resulting from these Terms or Polish law – that broader protection shall apply.
  5. The Store's terms of service apply to orders placed in the Store using Points.
  6. In the event of any dispute with a Service Recipient who is not a Privileged Service Recipient, related to the agreement for the maintenance of the Account, the competent court shall be the court having jurisdiction over the Service Provider's registered office.

Annex No. 1 to the Terms

Below is a model withdrawal form which the Consumer or Privileged Entrepreneur may, but is not required to, use:

MODEL WITHDRAWAL FORM
(this form should be completed and returned only if you wish to withdraw from the contract)

ROYAL VISION ANNA RYBA
ul. Ciasna 14, 43-300 Bielsko-Biała
e-mail address: info@livamio.com

- I/We(*) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . hereby give notice(*) that I/we withdraw from my/our contract for the provision of the following service(*) / for the supply of digital content in the form of(*):

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- Date of conclusion of contract(*)

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- Name of consumer(s)/privileged entrepreneur(s):

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- Address of consumer(s)/privileged entrepreneur(s):

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Signature of consumer(s)/privileged entrepreneur(s)
(only if this form is sent on paper)

Date . . . . . . . . . . . . . . . . . . . . . .

(*) Delete as appropriate.