Terms and Conditions of the Esenzia.
Online Store

defining, among other things, the rules for concluding contracts through the Store, containing the most important information about the Seller, the Store and Consumer rights

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal from contract
§ 8 Exceptions to the right of withdrawal from contract
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Business days – days from Monday to Friday except for statutory holidays in Poland.
Consumer – a Buyer who is a natural person, purchasing in the Store or undertaking activities aimed at making a purchase, without direct connection to their business or professional activity.
Account – a digital service regulated by separate terms and conditions within the meaning of the Consumer Rights Act, through which the Buyer can use additional functions in the Store free of charge.
Buyer – any entity purchasing in the Store or undertaking activities aimed at making a purchase.
Privileged Buyer – Consumer or Privileged Entrepreneur.
Privileged Entrepreneur – a Buyer who is a natural person, concluding or intending to conclude a contract with the Seller based on these Terms and Conditions directly related to their business activity, but not having a professional character for them.
Terms and Conditions – these terms and conditions.
Store – the Esenzia. online store operated by the Seller at https://www.esenzia.pl/.

Seller –
ESENZIA LAB SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ with its registered office at
ul. Zygmunta Słomińskiego 19/145, 00-195 Warsaw,
entered in the National Court Register – register of entrepreneurs by
DISTRICT COURT FOR THE CAPITAL CITY OF WARSAW IN WARSAW, XII COMMERCIAL DIVISION OF THE NATIONAL COURT REGISTER,
under KRS number 0001165684,

NIP 5253041581,
REGON number 54135606300000,
share capital
10,000.00 PLN.
Consumer Rights Act – Polish act of May 30, 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

1. Postal address:
   ul. Zygmunta Słomińskiego 19/145, 00-195 Warsaw
2. Email address: contact@esenzia.pl
3. Phone: +48 222 99 11 00
4. Address for product returns (in case of withdrawal from contract): Malawa 11C, 36-007 Krasne
5. Address for sending defective products: Malawa 11C, 36-007 Krasne
6. The cost of telephone calls or data transmission made by the Buyer results from the basic tariff of the telecommunications operator or internet service provider whose services the Buyer uses. The Seller draws attention to the fact that the cost of international calls or international data transmission may be higher than the cost of domestic calls or transmission – depending on the tariff adopted by the telecommunications operator or internet service provider whose services the Buyer uses.

§ 3 TECHNICAL REQUIREMENTS

1. For proper functioning of the Store, the following is required:
   • 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 specified in paragraph 1, an active email account is necessary.

§ 4 SHOPPING IN THE STORE

1. Product prices visible in the Store are total prices for the product.
2. The Seller draws attention to the fact that the total order price consists of the following indicated in the Store: product price and, if applicable in a given case, product delivery costs.
3. The selected product for purchase should be added to the cart in the Store.
4. Then the Buyer selects
   the method of product delivery and
   payment method for the order from the options available in the Store, and also provides the data necessary to fulfill the placed order.
5. An order is placed at the moment of confirming its content and accepting the Terms and Conditions by the Buyer.
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 in it, or make purchases without registration by providing their data with each potential order.

§ 5 PAYMENTS

1. The following payment methods are available in the Store:
   1. regular bank transfer to the Seller’s bank account;
   2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
   3. through payment platform:
      • PayU
   4. cash on delivery, i.e.

      by card or cash

      at the moment of product delivery to the Buyer;

2. In case the Buyer chooses advance payment, the order should be paid within
   10 Business days from placing the order.
3. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller.
   The Buyer has the right to withdraw their acceptance.

§ 6 ORDER FULFILLMENT

1. The order fulfillment period is 2 Business days.
2. In case the Buyer chose advance payment for the order, the Seller will proceed with order fulfillment after
   its payment.
3. Products are delivered exclusively within the territory of the Republic of Poland.
4. The following delivery methods are available in the Store:
   1. through a courier company to the address indicated by the Buyer;
   2. through Polish Post;
   3. to a parcel locker;
   4. to a pickup point;
   5. to InPost parcel lockers.

§ 7 RIGHT OF WITHDRAWAL FROM CONTRACT

1. A Privileged Buyer has the right to withdraw from a contract concluded with the Seller through the Store, subject to § 8
   of the Terms and Conditions, within 14 days without giving any reason.
2. The deadline for withdrawal from the contract expires after 14 days
   from the day:
   1. on which the Privileged Buyer took possession of the product or on which a third party other than the carrier and indicated
      by the Privileged Buyer took possession of that product;
   2. on which the Privileged Buyer took possession of the last product, batch or part or on which a third party, other than the carrier and indicated by the Privileged Buyer, took possession of the last product, batch or part, in case of a contract obligating to transfer ownership of multiple products that are delivered separately, in batches or in parts.
3. For a Privileged Buyer to exercise the right of withdrawal from the contract, they must inform the Seller, using the contact details
   provided in § 2 of the Terms and Conditions, of their decision to withdraw from the contract by means of an unambiguous statement (for
   example, a letter sent by post or email).
4. A Privileged Buyer may use the model withdrawal form placed at the end of the Terms and Conditions, however
   this is not mandatory.
5. To meet the deadline for withdrawal from the contract, it is sufficient that the Privileged Buyer sends information regarding the exercise
   of their right of withdrawal from the contract before the expiry of the deadline for withdrawal from the contract.

   EFFECTS OF WITHDRAWAL FROM CONTRACT

6. In case of withdrawal from the concluded contract, the Seller returns to the Privileged Buyer all payments received from them

   including product delivery costs (except for additional costs resulting from the delivery method chosen by the Privileged Buyer other than the cheapest ordinary delivery method offered by the Seller),

   immediately, and in any case no later than 14 days from the day on which the Seller was informed of the decision
   of the Privileged Buyer to exercise the right of withdrawal from the contract.

7. The Seller will make the refund using the same payment methods that were
   used by the Privileged Buyer in the original transaction, unless the Privileged Buyer agrees to a different
   solution, in any case the Privileged Buyer will not incur any fees in connection with this refund.
8. If the Seller has not offered to collect the product from the Privileged Buyer themselves, they may withhold the refund until receiving the product or until receiving
   proof of its return, depending on which event occurs earlier.
9. The Seller requests returning the product to the address:
   Malawa 11C, 36-007 Krasne immediately, and in any case no later than 14 days from the day on which the Privileged Buyer informed
   the Seller about withdrawal from the sales contract. The deadline is met if the Privileged Buyer returns the product
   before the expiry of the 14-day deadline.
10. The Privileged Buyer bears the direct costs of returning the product.
11. The Privileged Buyer is only liable for diminished value of the product resulting from using it
    in a manner other than what was necessary to establish the nature, characteristics and functioning of the product.
12. If the product, due to its nature, cannot be returned by ordinary post, the Privileged
    Buyer will also have to bear the direct costs of returning the products. The Privileged Buyer will be informed by the Seller about the estimated amount of these
    costs in the product description in the Store or during
    order placement.
13. In case of the need to refund for a transaction made by a Privileged Buyer
    with 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 FROM CONTRACT

1. The right of withdrawal from a distance contract, referred to in § 7 of the Terms and Conditions, does not apply to
   contracts:
   1. where the subject of performance is a non-prefabricated product, manufactured according to the specifications
      of the Privileged Buyer or serving to satisfy their individualized needs;
   2. where the subject of performance is a product that deteriorates quickly or has a short
      shelf life;
   3. where the subject of performance is a product delivered in sealed packaging, which cannot be returned after opening
      the packaging for health protection or hygiene reasons, if
      the packaging was opened after delivery;
   4. where the subject of performance are products that, after delivery, due to their nature, become
      inseparably connected with other items;
   5. where the subject of performance are sound or visual recordings or computer programs
      delivered in sealed packaging, if the packaging was opened after delivery;
   6. for the delivery of newspapers, periodicals or magazines, except for subscription contracts;
   7. where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no
      control, and which may occur before the expiry of the deadline for withdrawal from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller is liable to the Privileged Buyer for conformity of performance with the contract, as provided by generally applicable legal provisions, in particular by the provisions of the Consumer Rights Act.
2. The Seller requests submitting complaints (including those concerning the operation of the Store) to the postal or electronic address indicated in § 2 of the Terms and Conditions.
3. If a warranty has been granted for the product, information about it and its conditions is available in the Store.
4. The Seller will respond to complaints within 14 days from the date of receipt.

II PRIVILEGED BUYERS

1. Products
   1. In case of lack of conformity of the product with the contract, the Privileged Buyer has the possibility to use the rights specified in chapter 5a of the Consumer Rights Act.
   2. The Seller is liable for lack of conformity of the product with the contract, existing at the time of its delivery and revealed within two years from that time, unless the product’s shelf life specified by the Seller, their legal predecessors or persons acting on their behalf, is longer.
   3. Based on the provisions of the Consumer Rights Act, in case of lack of conformity with the contract, the Privileged Buyer may demand:
      1. product replacement,
      2. product repair.
   4. Additionally, the Privileged Buyer may make a statement about:
      1. price reduction,
      2. withdrawal from the contract

      in situations when:

      • The Seller refused to bring the product into conformity with the contract in accordance with art. 43d para. 2 of the Consumer Rights Act;
      • The Seller did not bring the product into conformity with the contract in accordance with art. 43d para. 4-6 of the Consumer Rights Act;
      • lack of conformity of the product with the contract still exists, despite the Seller’s attempt to bring the product into conformity with the contract;
      • lack of conformity of the product with the contract is so significant that it justifies price reduction or withdrawal from the contract without prior use of the protection measures specified in art. 43d of the Consumer Rights Act;
      • from the Seller’s statement or circumstances it clearly follows that they will not bring the product into conformity with the contract within a reasonable time or without excessive inconvenience for the Privileged Buyer.
   5. In case of a product subject to repair or replacement, the Privileged Buyer should make this product available to the Seller. The Seller collects the product from the Privileged Buyer at their own cost.
   6. The Privileged Buyer cannot withdraw from the contract if the lack of conformity of the product with the contract is insignificant.
   7. In case of withdrawal from the contract referred to in this section (concerning products), the Privileged Buyer immediately returns the product to the Seller at their cost, to the address
      Malawa 11C, 36-007 Krasne.
      The Seller returns the price to the Privileged Buyer immediately, no later than within 14 days from the date of receiving the product or proof of its return.
   8. The Seller returns to the Privileged Buyer the amounts due as a result of exercising the right of price reduction immediately, no later than within 14 days from the date of receiving the Privileged Buyer’s statement about price reduction.
2. Out-of-court methods of complaint handling and claim pursuit
   1. The Seller informs the Consumer about the possibility of using out-of-court methods of complaint handling and claim pursuit. The rules for accessing these procedures are available at the premises or on the websites of entities authorized to conduct out-of-court dispute resolution.

      The Consumer may use, among others, the help of the appropriate European Consumer Centre from the European Consumer Centres Network. The Centres provide information about consumer rights and help resolve disputes in case of cross-border purchases. The help of European Consumer Centres is generally free of charge. The list of Consumer Centres appropriate for a given country can be found at: https://konsument.gov.pl/eck-w-europie/

      Moreover, within the territory of the Republic of Poland, the following forms of support are available:

      • mediation conducted by the territorially competent Provincial Inspectorate of Trade Inspection, to which a mediation request should be submitted. The procedure is generally free of charge. The list of inspectorates can be found here:
        https://uokik.gov.pl/kontakt-inspekcja-handlowa
      • help from the territorially competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for case consideration before the arbitration court should be submitted. The procedure is generally free of charge. The list of inspectorates is available at:
        https://uokik.gov.pl/kontakt-inspekcja-handlowa
   2. The previous provision is informational in nature and does not constitute an obligation for the Seller to use out-of-court dispute resolution methods.
   3. The use of out-of-court complaint handling and claim resolution methods is voluntary for both the Seller and the Consumer.
   4. The Consumer may additionally benefit from free assistance of a municipal or district consumer rights advocate.

III BUYERS OTHER THAN PRIVILEGED BUYERS

1. To avoid any doubt, the Seller notes that the Seller’s liability towards Buyers other than Privileged Buyers regarding complaints is subject to the provisions of § 11 section. 7.

§ 10 PERSONAL DATA

1. The Seller is the controller of personal data provided by the Buyer when using the Store.
   Detailed information about 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 Store’s privacy
   policy – in accordance with the transparency principle contained in the European Parliament and Council (EU)
   General Data Protection Regulation – “GDPR“.
2. The purpose of processing the Buyer’s data by the Seller, provided by the Buyer in connection with purchases in the
   Store, is order fulfillment. The legal basis for processing personal data in this case is:
   • the contract or actions taken at the Buyer’s request, aimed at concluding it (Art. 6
     sec. 1 point b GDPR),
   • the Seller’s legal obligation, particularly related to accounting
     and product safety

     (Art. 6 sec. 1 point c GDPR) and

   • the Seller’s legitimate interest, consisting in processing data for the purpose of establishing, pursuing
     or defending potential claims (Art. 6 sec. 1 point f GDPR).
3. Providing data by the Buyer is voluntary but necessary to conclude the contract. Failure to provide data will make it impossible to conclude a contract in the Store.
4. The Buyer’s data provided in connection with purchases in the Store will be processed until:
   1. the contract between the Buyer and the Seller ceases to be valid;
   2. the Seller is no longer subject to the legal obligation requiring the processing of the Buyer’s data;
   3. the possibility of pursuing claims by the Buyer or Seller related to the contract concluded through the Store expires;
   4. the Buyer’s objection to the processing of their personal data is accepted – in cases where
      the legal basis for data processing was the Seller’s legitimate interest

   – depending on what applies in a given case.

5. The Buyer has the right to request:
   1. access to their personal data,
   2. their rectification,
   3. erasure,
   4. restriction of processing,
   5. data portability to another controller
      
      and the right to:
   6. object at any time to processing of data for reasons related to the Buyer’s particular
      situation – regarding the processing of their personal data, based on Art. 6 sec. 1
      point f GDPR (i.e., on legitimate interests pursued by the Seller).
6. To exercise their rights, the Buyer should contact the Seller using the details from § 2
   of the Terms and Conditions.
7. If the Buyer considers that their data is being processed unlawfully, the Buyer may file a complaint with the
   appropriate personal data protection authority. In Poland, this is the President of the Personal Data Protection Office.

§ 11 DISCLAIMERS

1. It is prohibited for the Buyer to provide content of an unlawful nature.
2. Each order placed in the Store constitutes a separate contract and requires separate acceptance
   of the Terms and Conditions. The contract is concluded for the time and purpose of order fulfillment.
3. All contracts concluded under these Terms and Conditions are subject to Polish law, subject to section. 4.
4. The choice of Polish law for contracts concluded under the Terms and Conditions with a Consumer does not revoke or limit the rights of that Buyer, granted under mandatory legal provisions applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if the relevant national provisions provide broader protection than resulting from these Terms and Conditions or Polish law – such broader protection applies.
5. Contracts concluded under the Terms and Conditions are concluded in Polish.
6. In the event of a potential dispute with a Buyer who is not a Privileged Buyer, related to a contract concluded through the Store, the competent court will be the court
   having jurisdiction over the Seller’s registered office.
7. Any liability of the Seller towards a Buyer who is not a Privileged Buyer, under a contract concluded through the Store – to the extent permitted by law – is excluded.
8. The Website Terms and Conditions, available in the Store, apply to the use of the Store’s website and its available functions.