Terms and Conditions of the online store

I. GENERAL PROVISIONS

  1. Sklep Internetowy dostępny pod adresem internetowym http:the-ether.pl, prowadzony jest przez spółka pod firmą MILA Spółka z ograniczoną odpowiedzialnością with its registered office in Warsaw (adres: Rondo Daszyńskiego 1, 00-843 Warszawa), wpisana do rejestru przedsiębiorców Krajowego Rejestru Sądowego pod numerem 0001044914, NIP: 5273064444, REGION: 525734402, adres poczty elektronicznej: contact@the-ether.pl, numer telefonu kontaktowego: +48 787295874 (opłata jak za połączenie standardowe – wg. cennika właściwego operatora).
  2. Using the Online Store requires the end device and ICT system used by the Customer to meet Technical Requirements.
  3. The Regulations are addressed to both Customers who are and are not Consumers, using the Online Store, Electronic Services, or concluding Sales Agreements (with the exception of point XII of the Regulations, which is addressed exclusively to Customers who are not Consumers).
  4. Acceptance of the Regulations is voluntary but necessary in order to create an Account and/or to place an Order by the Customer.
  5. The information presented on the Online Store constitutes an invitation to enter into a contract within the meaning of Article 71 of the Civil Code, directed by the Seller to the Customers, and not an offer within the meaning of the Civil Code.
  6. Whenever in the subsequent provisions of the Regulations the expressions listed below are used in uppercase letters, they are to be understood in the meanings provided below, unless a different meaning clearly results from the context of their usage.:
    1. a) BOK (Customer Service Office) - The Customer Service Office of the Seller, which provides Customers with information regarding the activities conducted by the Online Store, including details about Products, the Store, Regulations, and ongoing Promotions, on Business Days during the hours specified in the Online Store under the "Contact" tab, using the designated telephone numbers and email address or through the contact form in the Online Store under the "Contact" tab. The cost of a telephone call to the Customer Service Office is the standard charge according to the tariff of the relevant telecommunications operator.
    2. b) PRICE - The specified amount in Polish zlotys or in another currency represents the gross compensation (including tax) payable to the Seller for the transfer of ownership of the Product to the Customer in accordance with the Sales Agreement. The price does not include delivery costs unless the conditions of the Promotion applied by the Online Store state otherwise.
    3. c) BUSINESS DAY - a day from Monday to Friday, excluding statutory holidays
    4. d) PASSWORD - a sequence of alphanumeric characters necessary for authorization during the access to the Account, specified by the Customer during the creation of the Account. The registration of the Account requires the repetition of the Password twice to allow the detection and correction of any errors. The Customer is obliged to keep the Password confidential (not to disclose it to any third parties). The Seller provides the Customer with multiple opportunities to change the Password.
    5. e) CUSTOMER - (1) a natural person; or acting through an authorized person (2) a legal person; or (3) an organizational unit without legal personality, which the law grants legal capacity; possessing full legal capacity to perform legal acts. In the case where the Customer is a natural person with limited legal capacity, they undertake to obtain legally effective consent from their legal representative for the conclusion of the Service Provision Agreement/Sales Agreement and to present such consent upon each request of the Seller, with the understanding that, in principle, Sales Agreements concluded within the Online Store have the character of Agreements commonly concluded for minor, everyday matters of daily life.
    6. f) CIVIL CODE - the Civil Code Act of April 23, 1964 (Journal of Laws of 2022, item 1360, as amended).
    7. g) CONSUMER - a natural person entering into a legal transaction with an entrepreneur not directly related to their business or professional activity, including a natural person concluding a contract directly related to their business activity, when the content of that contract indicates that it does not have a professional character for that person, especially arising from the subject matter of their business activity.
    8. h) ACCOUNT - an Electronic Service, designated by an individual name (Login) and Password provided by the Customer, comprising a set of resources in the Seller's IT system, enabling the Customer to use additional functionalities/services. The Customer gains access to the Account using the Login and Password. The Customer logs into their Account after registering on the Online Store. The Account allows for saving and storing information about the Customer's address data for Product shipment, tracking the Order status, accessing the Order history, and other services provided by the Seller.
    9. i) SHOPPING CART - a service provided to every Customer using the Online Store, allowing them to place an order for one or more Products, calculate the Price for additional services when ordering, enter discount codes enabling a reduction in the Price according to the rules specified in separate Agreements/Regulations, display a summary of the Prices for individual Products and all Products together (including any shipping costs), and show the estimated delivery date of the Products. The Shopping Cart accumulates the offers to conclude Sales Agreements submitted by the Customer, i.e., within one Order, more than one offer to conclude a Sales Agreement can be made.
    10. j) LOGIN - Customer's email address provided within the Online Store during the creation of the Account.
    11. k) PRODUCT - a movable item that is the subject of a Sales Agreement between the Customer and the Seller, for a specified Price, and available in the Store. All Products presented in the Store are brand new. Colors in reality may differ from those presented electronically, due to various hardware settings and different deliveries of yarn or fabrics, which does not constitute grounds for considering the subject of the Sales Agreement as non-compliant.
    12. l) PROMOTIONS - special sales or service conditions, regulated according to the rules expressed within the Online Store, offered by the Seller for a specified period, from which the Customer can benefit under the conditions specified there, such as a reduction in Price or shipping costs.
    13. m) TERMS AND CONDITIONS /SERVICE AGREEMENT - this document defining the rules for concluding Sales Agreements and the principles of providing and using services offered by the Seller through the Store for the Customers. The Terms and Conditions specify the rights and obligations of the Customer and the Seller. In the scope of services provided electronically, these Terms and Conditions constitute the Regulations referred to in Article 8 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended).
    14. m) ONLINE STORE/ STORE - a platform enabling the Customer to place Orders and receive services provided by the Seller, operated by the Seller, constituting a set of interconnected websites, accessible at the internet address: https://the-ether.pl.
    15. n) SELLER – MILA Spółka z ograniczoną odpowiedzialnością z siedzibą w Warszawie (adres: Rondo Daszyńskiego 1, 00-843 Warszawa), wpisana do rejestru przedsiębiorców Krajowego Rejestru Sądowego pod numerem 0001044914, NIP: 5273064444, REGION: 525734402.
    16. o) CONTENT/CONTENTS - textual, graphic, or multimedia elements (e.g., information about Products, product photos, promotional videos, descriptions, comments), including works within the meaning of the copyright and related rights act, as well as images of natural persons, which are disseminated within the Online Store by the Seller, Seller's contractors, the Customer, or any other person using the Online Store.
    17. p) SALES AGREEMENT - a Sales Agreement within the meaning of the provisions of the Civil Code, concerning the sale by the Seller to the Customer of a Product for a specified Price increased by any additional fees, including shipping costs, the conditions of which are specified in particular in these Regulations. The Sales Agreement is concluded between the Customer and the Seller using means of distance communication, after the Seller accepts the Order based on the terms specified in these Regulations. The Sales Agreement specifies, in particular, the Product, its main features, the Price, shipping costs, and other essential conditions. Each Product is the subject of a separate Sales Agreement. This also applies in situations where, for objective (materially justified) reasons, the Seller makes the conclusion or content of the Sales Agreement for a given Product dependent on the conclusion of another Sales Agreement, due to the direct connection between the Products. The Seller may conclude a Sales Agreement with a Customer who is not a Consumer also as a result of reaching an Agreement without following the procedure specified in these Regulations, which, upon the request of either party to the Sales Agreement, will be confirmed in the form of an email message.
    18. r) ELECTRONIC SERVICE - the provision of electronic services within the meaning of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002, No. 144, item 1204, as amended), by the Seller to the Customer through the Online Store, in accordance with the Service Agreement. To the extent that the services are provided by entities cooperating with the Seller, the relevant provisions regarding the principles of using these services are included in the Regulations concerning the provision of services by these entities.
    19. s) CONSUMER RIGHTS ACT/ LAW - the Act of May 30, 2014, on Consumer rights (Journal of Laws of 2020, item 287, as amended).
    20. u) TECHNICAL REQUIREMENTS - the minimum technical requirements that must be met for cooperation with the IT system used by the Seller, including the conclusion of a Service Agreement or a Sales Agreement, i.e.: (1) a computer, laptop, or other multimedia device with internet access; (2) access to email; (3) web browser: Mozilla Firefox version 17.0 and above, or Internet Explorer version 10.0 and above, Opera version 12.0 and above, Google Chrome version 23.0 and above, Safari version 5.0 and above; (4) recommended minimum screen resolution: 1024x768; (5) enabling the ability to save Cookies files and support for JavaScript in the web browser; in the case of concluding a Sales Agreement by phone: (6) mobile device operating system: Android version 4.0.3 or higher, or iOS version 9.0.4 or higher. To conclude a Sales Agreement, the Customer must have an active email address and, in specific cases, a keyboard or other device enabling the correct completion of electronic forms.
    21. w) ORDER - the Customer's declaration of intent expressing a direct willingness to conclude a distance Sales Agreement using means of distance communication, specifying the Product for which the Customer makes an offer to conclude a Sales Agreement, and providing the Customer's data necessary for the possible conclusion and execution of the Sales Agreement. Each Product order will be treated as an independent offer from the Customer to conclude a Sales Agreement (technical facilitation). One number may be assigned to each order, and all offers will be processed simultaneously. The Seller reserves the right to cancel an order after arrangements regarding order fulfillment have been made or if there is no contact with the Customer. Confirmation of the Order – by changing the status from "new order" to "in progress," signifies the conclusion of the Sales Agreement (see above).

II. ELECTRONIC SERVICES

  1. The Seller provides the following Electronic Services free of charge through the Online Store for Customers:
    1. a) account,
    2. b) enabling Customers to place Orders and conclude Sales Agreements, based on the rules specified in these Regulations,
    3. c) presenting Customers with advertising content tailored to their interests,
    4. d) allowing Customers to use the shopping Cart service,
    5. e) enabling Customers to browse Content within the Store,
    6. f) newsletter
    7. g) creating a list of favorite Products
  2. Additionally, for Customers who have created an Account, the Seller provides the following free services:
    1. a) maintaining the Customer's session after logging into the Account (via the browser),
    2. b) storing and providing the Customer with the history of Orders and favorite Products through the Account
  3. Using the Account is possible after the Customer completes the following steps consecutively:
    1. a) filling out the registration form and accepting the provisions of these Regulations,
    2. b) clicking the "Register" button
  4. The Service Agreement is concluded at the moment the Customer receives confirmation of the conclusion of the Service Agreement sent by the Seller to the email address provided by the Customer during registration. The Account is provided free of charge for an indefinite period. The Customer may delete the Account at any time and without stating a reason by sending a request to the Seller, especially via email to contact@the-ether.pl or in writing to the Seller's registered office address as specified in the Regulations. Creating an Account is not required to place an order in the Online Store. The Seller may introduce such a limitation within the functionality in the future.
  5. The use of the Cart begins when the Customer adds the first Product to the Cart.
  6. The Cart is provided free of charge and has a one-time nature, ending with the placement of an Order through it or with the earlier cessation of placing an Order through it by the Customer. The Cart retains information about Products selected by the Customer even after the end of the browser session, including logging out, for a period not exceeding 14 days. However, it does not guarantee the availability of the selected Products for the purpose of placing an Order at a later date.
  7. The Customer is obliged, in particular:
    1. a) to provide, in the forms made available within the Online Store, only true, current, and all necessary Customer data,
    2. b) to promptly update data, including personal data, provided by the Customer to the Seller in connection with the conclusion of the Service Agreement or Sales Agreement, especially to the extent necessary for their proper performance. The Customer has the option to change the data entered during the creation of the Account at any time using the options available within the Account,
    3. c) to use the services and functionalities provided by the Seller in a manner that does not disrupt the functioning of the Seller or the Online Store,
    4. d) to use the services and functionalities provided by the Seller in accordance with the law, the provisions of the Regulations, as well as the accepted customs and principles of social coexistence,
    5. e) to use the services and functionalities provided by the Seller in a manner that is not burdensome for other Customers and the Seller,
    6. f) to make timely payment of the Price and other costs agreed upon by the Customer and the Seller in full,
    7. g) to timely collect the Products ordered using the chosen delivery method and cash on delivery payment,
    8. h) not to take actions such as:
  1. - sending or placing unsolicited commercial information in the Online Store or placing any Content that violates the law (prohibition of placing unlawful content);
  2. - undertaking computer or any other actions aimed at obtaining information not intended for the Customer, including the data of other Customers, or interfering with the rules or technical aspects of the functioning of the Store and payment processing,
  3. - unauthorized modification of Content provided by the Seller, in particular, the prices or descriptions of Products within the Store
  1. Complaints related to the provision of Electronic Services can be submitted:
    a) in writing to the address of the Seller's registered office as specified in the Terms and Conditions;
    b) electronically via email to the address: contact@the-ether.pl
  2. It is recommended that the Customer include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the irregularity; (2) the Customer's request; and (3) the contact details of the complainant. This will facilitate and expedite the review of the complaint by the Seller. The requirements provided in the previous sentence are in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  3. The Seller will respond to the complaint promptly, no later than within 14 days from the date of its submission, in accordance with Article 7a(1) of the Act, unless a different period is specified by legal provisions or separate Regulations.

III. TERMS AND CONDITIONS OF CONCLUDING A SALES AGREEMENT

  1. The main features of the service, including the subject of the service and the method of communication with the Customer, are specified on the Product page or in another manner appropriate for the given Product, within the Online Store.
  2. The Seller enables placing orders for Products in the Online Store;
  3. As part of the development of the services provided, the Seller may introduce additional methods of placing orders using means of distance communication, in accordance with the rules specified in this Regulations.
  4. The conclusion of a Sales Agreement between the Customer and the Seller takes place after the Customer has previously placed an order.
  5. Placing an order through the Online Store is done in the following way:
    1. a) The Customer adds the selected product(s) to the Cart and then proceeds to the order form. The Seller may provide additional services for the product added to the Cart within the Online Store, such as customization, individual product configuration, and adding other related products not available for independent purchase in the Online Store.
    2. b) The Customer with an account confirms the accuracy of the necessary data for the conclusion and performance of the Sales Agreement in the order form. A user without an account must independently complete the order form with the data necessary for the conclusion and performance of the Sales Agreement. In each case, providing outdated or false Customer data may prevent the execution of the Agreement and serve as a basis for canceling the order. The following Customer data must be provided in the order form: name and surname, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data regarding the Sales Agreement: product(s), quantity of product(s), product availability details such as type, color, and size if applicable, the place and method of product delivery, payment method. For Customers who are not Consumers, it is also necessary to provide the company name. If they have requested the issuance of a VAT invoice, the VAT identification number (NIP) is also required. In accordance with the obligation to verify, the Seller checks whether the provided NIP is an active VAT taxpayer each time before issuing an invoice, through the website: https://www.podatki.gov.pl/wyszukiwarki/sprawdzenie-statusu-podmiotu-w-vat/, If information about the inactive VAT taxpayer status is obtained, the Seller will process the order as if the Customer has Consumer status and will issue proof of sale - a receipt. In the development of available products or services in the Online Store, the Seller may introduce the obligation to provide other information about the product or Customer in the order form or in another appropriate place, if necessary, especially due to the specific nature of the product or service, e.g., for personalizing the product.
    3. c) The Customer selects one of the delivery methods provided by the Seller
    4. d) The Customer chooses the method of payment for the Price and any other total costs of fulfilling the Sales Agreement indicated in the order form.
    5. e) The Customer sends an order to the Seller (places an offer) using the functionality provided for this purpose in the Online Store (button: "Buy and Pay"). In the case of a Customer who does not have an account and has not previously accepted the Regulations, acceptance of the Regulations is required.
    6. f) During the order placement process, until the "Buy and Pay" button is pressed, the Customer has the option to independently correct the entered data within the "Cart" panel by adding or removing a specific item from the Cart. Removing a specific item may automatically remove another item from the Cart due to the direct connection between the products.
    7. g) Depending on the chosen payment method, the Customer may be redirected to the external pages of a payment service provider to complete the payment.
  6. The Seller, in response to the Order, immediately sends the Customer an automated message to the email address provided by the Customer, confirming the receipt of the Order and commencing its verification.
  7. After verifying the Order, without undue delay, the Seller sends a message to the Customer's provided email address with:
    1. a)Confirmation of accepting one or several individual offers for Products submitted as part of the Order and confirmation of concluding the Sales Agreement (acceptance of the Order for the Products indicated in the message); or
    2. b) Information about the possibility of not accepting all offers for Products submitted as part of the Order, especially for reasons indicated in point IV para. 5 below (lack of payment); or for reasons indicated in point XI paragraph 5 below (failure to collect the shipment).
  8. The Sales Agreement is concluded upon confirmation of the offer(s), i.e., upon the Customer receiving a message about the change of the Order status from "new order" to "being processed," as mentioned in paragraph 8 letter a above, regarding the indicated Products.
  9. In case it is not possible to accept all or some of the offers submitted as part of the Order, Customer Service will contact the Customer to:
    1. a) inform the Customer about the inability to accept all offers for the conclusion of the Sales Agreement; or
    2. b) Information about the possibility of not accepting all offers for Products submitted as part of the Order, especially for reasons indicated in point IV para. 5 below (lack of payment); or for reasons indicated in point XI paragraph 5 below (failure to collect the shipment).
  10. If it is not possible to accept the offer(s) submitted as part of the Order, the Sales Agreement for the Products indicated by Customer Service is not concluded, and the Seller immediately, no later than within 14 days, refunds the payments made by the Customer, to the extent that the Sales Agreement has not been concluded. The provisions of para. 8, clause 6 of the Regulations apply accordingly.
  11. Regardless, the Seller may inform the Customer about the status of the Order, in particular by sending messages to the email address provided by the Customer or by contacting them by phone.
  12. The Seller aims to ensure the availability of the Products and the fulfillment of the Sales Agreement. In case of impossibility to perform the service and in other situations specified by law, the relevant provisions of the Civil Code may apply, including Articles 493-495 of the Civil Code, especially concerning the obligation to promptly return the performance to the Consumer.
  13. The total value of the Order includes the Price, shipping costs, and any other costs of optional paid services selected by the Customer. The Seller may specify a minimum order value threshold for which the delivery of Products is free. The Customer is informed about the total price including taxes of the Product subject to the Order, as well as about the delivery costs (including fees for transportation, delivery, and postal services) and other costs, and if the amount of these fees cannot be determined – about the obligation to pay them, during the order placement, including at the moment when the Customer expresses the will to be bound by the Sales Agreement.

IV. METHODS AND TERMS OF PAYMENT FOR THE PRODUCT

    1. The Seller provides the Customer with various payment methods for the purpose of the Sales Agreement, subject to the provision in point XI section 5.
    2. The currently available payment methods are specified in the "Payment Methods" tab and each time on the subpage of a specific Product, including at the moment of the Customer expressing the will to be bound by the Sales Agreement. Available payment methods may depend on the Customer's chosen delivery method or Product. The available payment methods may change when placing multiple Orders simultaneously, especially due to the Products covered by them.
    3. Settlements of transactions using electronic payments and credit/debit cards are carried out according to the Customer's choice through authorized services or intermediaries.
    4. Failure by the Seller to receive payment within 3 days of placing the Order will result in the non-acceptance of the offer submitted by the Customer as part of the Order, and the order status will be changed to "canceled by the payment system." The Customer can also cancel the order until receiving a message about shipping the order, by contacting the Seller's Customer Service, without affecting their right to withdraw from the contract. However, this does not apply to non-prefabricated Products manufactured according to the Customer's specifications or serving to satisfy their individualized needs. Commissions charged for payments made via PayU and PayPal are non-refundable, and in the case of order cancellation, they become the responsibility of the Ordering Party. Transaction reversal fees are borne by the Seller.
    5. In the case of the Customer choosing cash on delivery as the payment method upon receiving the shipment, the Customer is obligated to make the payment upon receiving the shipment. Refusal to accept the Product, despite setting an additional appropriate deadline, constitutes a condition for terminating the Sales Agreement. However, the Customer will be obligated to cover the shipping costs in both directions. In such a situation, the Seller will send an email, SMS, or inform by phone about the need to pay a fee of 30 PLN for the return of incurred shipping costs. The Customer can also cancel the Order within the specified period, i.e., before shipping, without incurring consequences. This does not affect the Customer's right to withdraw from the contract. However, this provision does not apply to non-prefabricated Products manufactured according to the Customer's specifications or serving to satisfy their individualized needs.


V. COST, METHODS AND DATE OF DELIVERY OF THE PRODUCT

  1. The delivery of the Product is available within the territory of the Republic of Poland and to selected countries specified in the "Delivery Costs" section on the Internet Store.
  2. The delivery of the Product to the Customer is chargeable unless the Sales Agreement provides otherwise. Currently available methods and costs of Product delivery are indicated to the Customer in the "Delivery Costs" section on the Internet Store, including at the moment when the Customer expresses the will to enter into a Sales Agreement.
  3. Available delivery methods may depend on the payment method chosen by the Customer or the specific Product. The available delivery methods may change when placing several Orders simultaneously, especially concerning the Products included in them. The delivery cost outside the country may change due to the weight of the shipment. For orders with delivery outside the country, the Seller will always contact the Customer to confirm the shipment's cost if the ordered Product's weight exceeds the assumed weight for the calculation. If the Customer does not accept the shipment cost, it will result in not accepting the offer submitted by the Customer within the Order, and the Seller will promptly refund the payment to the account indicated by the Customer.
  4. The total waiting time for the Customer to receive the Product consists of the time it takes for the Seller to prepare and process the Order for shipment and the time it takes for the carrier to deliver the Product.
  5. The order processing time for delivering the Product to the Customer is from 3 to 14 business days unless a different timeframe is specified in the description of the particular Product or during the order placement.
  6. The preparation time for the Order to be dispatched by the Seller is always presented on the subpage of the particular Product and is calculated from the day (the beginning of the delivery period from the day following the placement of the Order):
    1. a) crediting the Seller's bank account or settlement account - in the case of the Customer choosing payment by bank transfer, electronic payment, or payment by credit card
    2. b) conclusion of the Sales Agreement - in the case of the Customer choosing cash on delivery as the payment method.
  7. The above-mentioned time should be added to the delivery time of the Product by the selected carrier, which depends on the chosen delivery method by the Customer and is always presented on the subpage of the respective Product and in the "Order fulfillment" tab in the Online Store.
  8. The store reserves the right to extend the order fulfillment period during periods of increased order volume or in case of a lack of yarn or fabric - the Customer will be informed about this with a message from the Store.

VI. COMPLAINT ABOUT THE PRODUCT BY THE CONSUMER

  1. The basis and scope of the Seller's liability towards a Customer other than a Consumer, if the sold Product has a physical or legal defect (warranty), are determined by the provisions of the Civil Code, in particular in articles 556 and following of the Civil Code. In the case of a Customer who is a Consumer, in the event of non-compliance of the goods with the contract, the Consumer is entitled to rights specified in this chapter.
  2. Products presented in the Online Store may be covered by the manufacturer's or distributor's warranty.
  3. The Seller is obliged to deliver to the Customer a Product in accordance with the concluded contract, i.e., a Product consistent with the description, corresponding in type, quantity, quality, completeness, and functionality to the information provided in the Online Store.
  4. Complaints do not cover mechanical damage (cutting, tearing, abrasion, detachment of decorations, etc.), damage resulting from improper maintenance, and damage resulting from natural wear and tear of the clothing.
  5. A complaint can be submitted by the customer:
    1. a) in writing to the address of the Seller's registered office as specified in the Terms and Conditions;
    2. b) electronically via email to the address: contact@the-ether.pl.

If the complaint concerns a Product, it will be necessary to deliver the Product to the Seller together with the complaint to enable the Seller to examine the Product. The Seller bears the cost of delivering the Product. The Seller may specify a different address for submitting complaints. Before submitting a complaint, the Customer should always contact the Customer Service Department (BOK).

    1. If the sold Product is inconsistent with the contract, the Consumer may:
      1. a) demand the exchange of the Product or its repair. The Seller may replace the Product when the Consumer requests a repair, or the Seller may repair it when the Consumer requests a replacement if bringing the Product into conformity with the Sales Agreement in the manner chosen by the Consumer is impossible or would require excessive costs for the Seller. If repair and replacement are impossible or would require excessive costs for the Seller, the Seller may refuse to bring the Product into conformity with the Agreement. The Seller shall carry out the repair or replacement within a reasonable time from the moment the Seller was informed by the Consumer about the lack of conformity with the Agreement, and without excessive inconvenience to the Consumer.
      2. b) make a statement about lowering the Price or withdrawing from the Sales Agreement when:
        1. 1) the Seller refused to bring the Product into conformity with the Agreement in accordance with point a.;
        2. 2) the Seller did not bring the Product into conformity with the Agreement;
        3. 3) the lack of conformity of the Product with the Agreement still exists, although the Seller tried to bring the Product into conformity with the Agreement;
        4. 4) the lack of conformity of the Product with the Agreement is so significant that it justifies a reduction in price or withdrawal from the Agreement without prior use of the measures indicated in point a.
        5. 5) from the Seller's statement or circumstances, it clearly follows that the Seller will not bring the Product into conformity with the Agreement within a reasonable time or without excessive inconvenience to the Consumer.
        6.  

The reduced price should remain in proportion to the price resulting from the Agreement, in which the value of the non-compliant Product to the value of the compliant Product. The Seller refunds the amounts due to the Consumer as a result of using the right to reduce the Price promptly, no later than 14 days from the day of receiving the Consumer's statement about reducing the price. The Customer cannot withdraw from the Agreement if the defect of the Product is insignificant.

  1. It is recommended that the Customer include in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular, the type and date of non-compliance of the Product with the Sales Agreement; (2) a request for how to bring the Product into conformity with the Sales Agreement or a statement about a reduction in price or withdrawal from the Sales Agreement; and (3) contact details of the complainant – this will facilitate and expedite the examination of the complaint by the Seller. The requirements given in the preceding sentence are only advisory and do not affect the effectiveness of complaints submitted without the recommended description.
  2. The Seller will respond to the Customer's complaint immediately, no later than within 14 days from the date of its receipt. If the Customer has requested the replacement of the item or the removal of non-compliance of the Product with the Agreement, or has submitted a statement about reducing the price, specifying the amount by which the price is to be reduced, and the Seller has not responded to this request within 14 days from the date of its receipt, it is considered that the request has been deemed justified. In the case of accepting the request to reduce the price or withdraw from the Agreement, the Seller refunds the Price or its part using the same payment method that the Consumer used, unless the Consumer has expressly agreed to a different method of refund that does not entail any costs for them.
  3. In the event that responding to the Customer's complaint by the Seller or fulfilling the Customer's rights requires the delivery of the Product to the Seller, the Customer will be obliged to deliver the Product to the Seller's registered office address specified in the Regulations at the Seller's expense, unless the Customer receives from the Seller an indication of another domestic address to send the complaint.
  4. The Seller is responsible for the lack of conformity of the Product with the contract existing at the time of its delivery and revealed within two years from the date of handing over the Product to the Customer.

VII. EXTRAJUDICIAL METHODS OF HANDLING COMPLAINTS AND ASSERTING CLAIMS, AS WELL AS RULES FOR ACCESS TO THESE PROCEDURES

  1. Utilizing extrajudicial methods of handling complaints and asserting claims is voluntary. The following provisions are informational and do not constitute an obligation for the Seller to use extrajudicial methods of dispute resolution. The Seller's statement of consent or refusal to participate in proceedings for extrajudicial resolution of Consumer disputes is submitted by the Seller on paper or another durable medium in the event that, as a result of a complaint filed by the Consumer, the dispute has not been resolved.
  2. The Store primarily indicates mediation as the first method of extrajudicial dispute resolution.
  3. Detailed information regarding the possibility for the Consumer to use extrajudicial methods of complaint resolution and claims enforcement, as well as the rules for accessing these procedures, is available at the offices and on the websites of district (municipal) Consumer ombudsmen, social organizations whose statutory tasks include Consumer protection, Provincial Inspectorates of Trade Inspection, and at the following internet addresses of the Office of Competition and Consumer Protection:
    1. a) http://www.uokik.gov.pl/spory_konsumenckie.php
    2. b) http://www.uokik.gov.pl/sprawy_indywidualne.php
    3. c) http://www.uokik.gov.pl/wazne_adresy.php
  4. A Consumer who is a Customer has the following exemplary options for using extrajudicial methods of complaint resolution and claims enforcement:
    1. a) The Customer has the right to apply to a permanent Consumer arbitration court operating at the Trade Inspection with a request to settle a dispute arising from the concluded Sales Agreement.
    2. b) The Customer has the right to contact the voivodeship inspector of the Trade Inspection, in accordance with the provisions of the Act of December 15, 2000, on Trade Inspection (Journal of Laws of 2001, No. 4, item 25, as amended), with a request to initiate mediation proceedings for extrajudicial resolution of a dispute between the Customer and the seller.
    3. c) The Customer may obtain free assistance in resolving a dispute between the Customer and the seller, also using the free assistance of the district (city) Consumer ombudsman or a social organization whose statutory tasks include Consumer protection (including the Consumer Federation, the Association of Polish Consumers).
    4. d) The Customer can file a complaint through the Online Dispute Resolution (ODR) platform: http://ec.europa.eu/consumers/odr/. The ODR platform also serves as a source of information about forms of alternative dispute resolution that may arise between businesses and Consumers.

VIII. RIGHT TO WITHDRAW FROM THE AGREEMENT

  1. A Consumer who has concluded a remote contract may withdraw from it without giving any reason and without incurring any costs other than those provided for by law, within 14 days from the date referred to in paragraph 3 below (hereinafter also "Statutory Right of Withdrawal"); except for non-collection of COD, where the Customer is obliged to cover the cost of postage to the address indicated in the order and back, with a value of PLN 30.

The exercise of any of the above rights does not affect other agreements, especially to the extent that:

  1. a) They were concluded together with the agreement covered by the statement of withdrawal due to the Customer placing several Orders simultaneously, or
  2. b) The Seller has made the conclusion or content of the agreement covered by the statement of withdrawal dependent on the conclusion of another agreement, due to the direct connection between the Products.

Do zachowania terminu odstąpienia wystarczy wysłanie pisemnego oświadczenia przed jego upływem ( liczy się stempel poczty) na adres siedziby Sprzedawcy wskazany w Regulaminie. Konsument może również poinformować Sklep o chęci odstąpienia od umowy sprzedaży za pośrednictwem poczty e-mail: contact@the-ether.pl.  Celem odstąpienia od umowy możliwe jest skorzystanie ze wzoru formularza odstąpienia od umowy stanowiącego załącznik nr 1 do Regulaminy, jednak nie jest to obowiązkowe.

  1. The withdrawal period for the Sales Agreement begins from the day the Consumer or a third party other than the carrier, indicated by the Consumer, acquires possession of the Product. In the case of a Sales Agreement that:
    1. a) involves multiple Products delivered separately, in batches, or in parts – from the day the Consumer or a third party other than the carrier, indicated by the Consumer, acquires possession of the last Product, batch, or part; or
    2. b) involves the regular delivery of Products over a specified period – from the day the Consumer or a third party other than the carrier, indicated by the Consumer, acquires possession of the first Product;
  2. In the event of withdrawal from a distance contract, the contract is considered as not concluded..
  3. The Seller is obliged to reimburse the Consumer promptly, no later than within 14 days from the day of receiving the Consumer's statement of withdrawal from the contract. This reimbursement includes the payments made by the Consumer, including the delivery costs of the Product (except for additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery available in the Online Store). The Seller may withhold the reimbursement until receiving the Product or until the Consumer provides proof of its return, whichever occurs earlier.
  4. In the event of the Consumer exercising the statutory right of withdrawal, the Seller will refund the payment using the same payment method that the Consumer used unless the Consumer explicitly agrees to a different refund method that does not incur any costs. Commissions charged for payments through PayU and PayPal are non-refundable, and in the case of withdrawal from the purchase, they become the responsibility of the Ordering Party. The costs of commissioning the refunded funds are borne by the Seller.
  5. In the case of the Consumer exercising the statutory right of withdrawal, the Consumer is obliged to return the product in its factory condition without any signs of use and with the complete set of factory tags. The direct costs of returning the product are borne by the Consumer. The Consumer is responsible for the permeation of the product with perfumes or cigarette smoke, which affects the reduction of the product's value, resulting in the need for the Store to incur costs to restore the product to a condition allowing its reintroduction to the sale within the Online Store. This includes the costs of examining the product by a specialist and the costs of removing these traces identified as a result of such examination.

The Consumer's responsibility resulting in the refusal to acknowledge the right of withdrawal may include, in particular:

  1. - the inability to reintroduce the product for sale as a fully valuable product,
  2. - removal of tags and security elements,
  3. - damage to the Product
  4. The right of withdrawal from a distance contract, as referred to in paragraph 1 above, does not apply to the Consumer in the case of those specified in the provisions of the Civil Code, in particular concerning contracts: (1) for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who has been informed before the commencement of the service that after the performance of the service by the Seller, they will lose the right to withdraw from the contract; (2) for the supply of non-prefabricated goods, manufactured according to the Consumer's specifications or serving to satisfy their individual needs; (3) for the supply of products which, after delivery, due to their nature, are inseparably mixed with other items.

IX. LICENSE

  1. Exclusive rights to the Content made available/placed within the Internet Store by the Seller or its contractors, including copyrights, trademarks, graphic elements, software, and rights in the scope of databases, are subject to legal protection and belong to the Seller or entities with which the Seller has concluded appropriate Agreements. The Customer is entitled to use the aforementioned Content free of charge, as well as to use the Content placed in accordance with the provisions of the law and already disseminated by other Customers within the Internet Store, but only for personal use and solely for the purpose of proper use of the Internet Store worldwide. The use of Content in any other scope is permissible only on the basis of explicit, prior written consent granted by the authorized entity, under the penalty of invalidity.
  2. By placing any Content within the Internet Store, including graphics, comments, opinions, or statements on the Account or in another location of the Internet Store, the Customer hereby grants the Seller a non-exclusive, free-of-charge license to use, record, modify, delete, supplement, publicly perform, publicly display, reproduce, and distribute (particularly on the Internet) such Content worldwide. This right includes the authority to sublicense to the extent justified by the performance of the Sales Agreement or the Service Agreement (including the operation and development of the Internet Store) and the authorization to independently or through third parties exercise related rights in the scope of creating, adapting, modifying, and translating the work within the meaning of the Act on Copyright and Related Rights of February 4, 1994. To the extent that the Customer is not entitled to grant the licenses mentioned in this section, the Customer undertakes to obtain such appropriate licenses for the Seller.

X. PERSONAL DATA PROTECTION

  1. The Customer's personal data is processed by the Seller as the data controller.
  2. Providing personal data by the Customer is voluntary but necessary for the purpose of creating an Account, using specific Electronic Services, and concluding a Sales Agreement.
  3. Szczegółowe informacje dotyczące ochrony danych osobowych zawarte są w zakładce „Regulaminy”„Polityka Prywatności”.

XI. TERMINATION OF THE SERVICE AGREEMENT AND AMENDMENT OF THE REGULATIONS

  1. The Seller may terminate the Service Agreement or any License Agreement granted under point IX of the Regulations with the Customer at any time with a one-month notice period for valid reasons, understood as (a closed list):
    1. a) change in the legal Regulations governing the provision of electronic services by the Seller affecting the mutual rights and obligations specified in the Agreement concluded between the Customer and the Seller or a change in the interpretation of the above legal Regulations as a result of court decisions, rulings, recommendations, or directives issued by the relevant authorities or bodies in this regard.
    2. b) change in the method of service provision caused solely by technical or technological reasons (in particular, updates to the technical requirements specified in this Regulation).
    3. c) change in the scope or provision of services to which the provisions of the Regulations apply, by introducing new, modifying, or withdrawing by the Seller the existing functionalities or services covered by the Regulations.
  2. Notwithstanding the provisions of paragraph 1, considering the Seller's special care for the protection of the Customer's personal data and their processing for an appropriate period, the Seller may terminate the Service Provision Agreement with immediate effect in the event of the Customer's inactivity in the Online Store for an uninterrupted period of at least 3 years.
  3. The Seller sends their statement regarding the matters specified in paragraphs 1 and 2 above to the email address provided by the Customer during the creation of the Account or when placing an Order.
  4. The Seller may terminate the Agreement for the Provision of Services or any License Agreement granted under point IX of the Regulations with a seven-day notice period and/or deny the Customer further right to use the Online Store and place Orders, as well as may restrict their access to part or all of the Content, for valid reasons, i.e., in the event of a gross violation of this Regulations by the Customer, i.e., in situations where the Customer (a closed catalog) violates the provisions of point II, section 7 a, c, d, e, h, i, j of the Regulations..
  5. For important reasons, i.e., in the event of a gross violation of these Regulations by the Customer, in a situation where a given Customer violates the provision of point II, section 7 f or g of the Regulations (a closed catalog), the Seller, to avoid further damage, may not accept the Customer's offer in the scope of specified payment or delivery methods. This provision applies regardless of how the Customer is identified and what data they provide when placing an Order, especially when the Customer simultaneously violates the provision of point II, section 7 a of the Regulations.
  6. In the event of placing another Order while selecting a specific method of payment or delivery, or making another Reservation by the Customer, to whom the provision of paragraph 5 above applies, the Seller will contact the Customer. This contact will involve sending a message to the email address provided by the Customer to notify them of a flagrant violation of the Regulations by the Customer and the rejection of the offer using the specified method of payment or delivery, simultaneously indicating alternative methods of payment or delivery. The provisions of Section IV, paragraph 5 of the Regulations apply accordingly.
  7. A Customer to whom the provision of paragraph 4 or 5 above applies may use the Online Store or avail themselves of a specified method of payment or delivery after prior contact with the Seller (via the Customer Service Center) and obtaining the Seller's consent to continue using the Online Store or utilizing a specified method of payment or delivery.
  8. The Regulations and its annexes constitute a contractual template within the meaning of Article 384 § 1 of the Civil Code.
  9. The Seller may amend these Regulations in the event of at least one of the important reasons listed below (a closed catalog):
    1. a) changes in the legal Regulations governing the sale of Products or the provision of electronic services by the Seller, affecting the mutual rights and obligations specified in the Agreement concluded between the Customer and the Seller, or a change in the interpretation of the aforementioned legal provisions as a result of court judgments, decisions, recommendations, or directives of relevant authorities or bodies in this regard;
    2. b) change in the method of service provision caused solely by technical or technological reasons (in particular, updates to the technical requirements specified in this Regulation).
    3. c) changes in the scope or method of providing services covered by the provisions of the Regulations by introducing new functionalities, modifying, or withdrawing by the Seller the previously existing functionalities or services covered by the Regulations.
  10. In the event of changes to the Regulations, the Seller will make the consolidated text of the Regulations available by publishing it in the Online Store and by sending a message to the email address provided by the Customer when entering into the Service Provision Agreement. Both Parties acknowledge that this constitutes the introduction of information about the change into the means of electronic communication in such a way that the Customer can familiarize themselves with its content.
  11. The amendment to the Regulations takes effect 14 days from the date of sending information about the change. In the case of Customers who have entered into the Service Provision Agreement, i.e., those with an account, they have the right to terminate the Service Provision Agreement within 14 days from the date of notification of the change in the Regulations. The change in the Regulations does not affect Sales Agreements concluded between the Customer and the Seller before the change in the Regulations.

XII. PROVISIONS FOR NON-CONSUMER CUSTOMERS

  1. This XII point of the Regulations pertains exclusively to Customers who are not Consumers.
  2. The Seller has the right to withdraw from the Sales Agreement concluded with a Customer who is not a Consumer within 14 days from its conclusion. Withdrawal from the Sales Agreement in this case may occur without stating a reason, and it does not give rise to any claims against the Seller on the part of the Customer who is not a Consumer.
  3. In the case of Customers who are not Consumers, the Seller has the right to limit the available payment methods, including requiring full or partial prepayment, regardless of the Customer's chosen payment method or the conclusion of the Sales Agreement.
  4. Upon the Seller's delivery of the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a Consumer. In this case, the Seller is not liable for loss, shortage, or damage to the Product that occurred from the moment it was accepted for transportation until its delivery to the Customer, as well as for delays in the shipment.
  5. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability for warranty for the Product towards a Customer who is not a consumer is excluded.
  6. In the case of Customers who are not consumers, the Seller may terminate the Service Provision Agreement or any License Agreement concluded based on the Regulations with immediate effect and without stating reasons by sending the Customer a relevant statement in any form.
  7. Neither the Seller nor its employees, authorized representatives, and agents shall be liable to the Customer, its subcontractors, employees, authorized representatives, and/or agents for any damages, including loss of profits unless the damage was intentionally caused by them.
  8. In any case where the liability of the Seller, its employees, authorized representatives, and/or agents is established, such liability towards a Customer who is not a Consumer, regardless of its legal basis, is limited—both for a single claim and for all claims in total—to the amount of the paid Price and delivery costs under the last Sales Agreement, but not exceeding the amount of one thousand Polish zlotys.
  9. Any disputes arising between the Seller and a Customer who is not a Consumer shall be subject to the jurisdiction of the court having jurisdiction over the Seller's registered office.
  10. In relation to Customers who are not Consumers, the Seller may change the Regulations at any time based on the applicable legal provisions.

XIII. FINAL PROVISIONS

  1. The Terms and Conditions are effective from November 1, 2023.
  2. The recording, securing, and providing access to the essential provisions of the concluded Electronic Service Provision Agreement are carried out by sending an email to the email address provided by the Customer.
  3. The recording, securing, providing access, and confirming to the Customer the essential provisions of the concluded Sales Agreement are carried out by sending the Customer an email with confirmation of the placed Order and proof of purchase in the shipment. The content of the Sales Agreement is additionally recorded and secured in the information system of the Online Store.
  4. The Seller ensures technical and organizational measures appropriate to the level of security risk of the functionalities or services provided under the Agreement for the Provision of Services. Using Electronic Services is associated with typical risks related to transmitting data over the Internet, such as their dissemination, loss, or unauthorized access by unauthorized persons.
  5. Treść Regulaminu jest dostępna dla Klientów bezpłatnie pod następującym adresem URL http: the-ether.plregulaminy, skąd Klienci mogą w każdym czasie przeglądać, a także sporządzić jego wydruk.
  6. In matters not regulated by these Regulations, the generally applicable laws of Poland shall apply, in particular: the Civil Code; the Act on the Provision of Electronic Services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of the generally applicable law.
  7. Choosing Polish law under these Terms and Conditions does not deprive the Consumer of the protection granted to them under the provisions that cannot be excluded by an agreement between the Seller and the Consumer, according to the law that would be applicable in the absence of choice, in accordance with the applicable regulations.

TERMS AND CONDITIONS OF GIFT CARDS
I. GENERAL PROVISIONS

  1. The terms and conditions are addressed to both Customers who are and are not Consumers, using the Online Store, Electronic Services, or entering into Sales Agreements.
  2. Acceptance of the Terms and Conditions is voluntary but necessary for the provision of services by the Seller.
  3. Besides the returns defined below, all capitalized terms used in the Terms and Conditions have the meanings assigned to them in the Online Store's Terms and Conditions. They should be understood in the sense given below unless the context of their use clearly indicates otherwise:
    1. a) GIFT VOUCHER - gift voucher issued to bearer, entitling to make one or more purchases in the Online Store within the established limit;
    2. b) TERMS AND CONDITIONS – oznacza obowiązujący u Sprzedawcy Regulamin Sklepu Internetowego, dostępny pod adresem URL http: the-ether.plregulaminy.

II. ACQUISITION AND ISSUANCE OF GIFT VOUCHERS

  1. Klient ma możliwość zakupu Bonu Podarunkowego na wybraną kwotę nie mniejszą niż ___ zł (słownie: ___ złotych).
  2. The currency of the Gift Voucher is the Polish zloty (PLN). The value of the Gift Voucher is equal to the number of points contained therein. 1 (in words: one) point is equal to the value of 1 PLN (in words: one zloty).
  3. Payment for the Gift Certificate may be made using Payment Methods acceptable to the Merchant. Payment may not be made using another Gift Certificate.
  4. The Gift Voucher may be fixed and is issued to the Customer on a physical medium or in digital form, in the form of a code consisting of a string of characters. The Seller does not issue duplicates.
  5. The Gift Voucher is issued to the bearer and can be transferred to another person, who, from the moment of transfer, becomes the user of the voucher
  6. No discounts are applied when purchasing a Gift Voucher.
  7. The Gift Voucher is not subject to refunds or exchanges (in whole or in part) for cash.
  8. The Gift Voucher is not an electronic payment instrument and is also not an electronic payment card.
  9. Issuing a Gift Voucher to the Customer does not constitute a sale subject to value-added tax under the relevant tax regulations. No later than at the time of issuing the Gift Voucher, the Customer has the right to request the Seller to provide a receipt, which is not a fiscal receipt or a VAT invoice, as evidence of the payment made.

III. RULES OF USE

  1. The Gift Voucher shall entitle the Customer, at his/her discretion, to make one or more purchases of Products from the Online Store up to the limit granted in the Gift Voucher.
  2. The funds covered by the Gift Voucher can be used by the Customer in the Online Store, either in part or in full, until the accumulated funds (points) are exhausted.
  3. At the moment when the Customer enters into a Sales Agreement with the Seller, where payment is made by redeeming the Gift Voucher, the total points accumulated on the Gift Voucher will be reduced by the number of points corresponding to the Price.
  4. If the Price of the Product is higher than the amount of funds on the Gift Voucher, the Customer is obligated to pay the price difference using another form of payment accepted by the Seller.
  5. Bon Podarunkowy jest ważny od momentu wydania Klientowi i nie wymaga dodatkowej aktywacji. Termin ważności Bonu Podarunkowego wynosi ___ od daty jego nabycia przez Klienta.
  6. The Customer is responsible for the correct use and security of the Gift Voucher. The Seller is not liable for Gift Vouchers that have been lost, damaged, or destroyed after being issued to the Customer.

IV. RETURNS AND COMPLAINTS

  1. In the case of returns of Products purchased using the Gift Voucher, the Customer will receive a refund from the Seller in the form of points on the Gift Voucher, in an amount corresponding to the price of the Products subject to return.
  2. In the case of complaints regarding Products purchased using the Gift Voucher, the Customer is entitled to the rights specified in these Terms and Conditions, the Store's Terms and Conditions, and the Civil Code.
  3. The Customer has the right to file a complaint in the event of unjustified debiting of the Gift Voucher or damage (defect) of the Gift Voucher not caused by the Customer.
  4. A complaint can be submitted::
    1. a) in writing to the address of the Seller's registered office as specified in the Terms and Conditions;
    2. b) electronically via email to the address: contact@the-ether.pl.
  5. It is recommended that the Customer include in the description of the complaint: (1) information and circumstances regarding the subject of the complaint, in particular the nature and date of the irregularity; (2) the Customer's request; and (3) the contact details of the complainant. This will facilitate and expedite the review of the complaint by the Seller. The requirements provided in the previous sentence are in the form of a recommendation and do not affect the effectiveness of complaints submitted without the recommended description of the complaint.
  6. If the data or information provided in the complaint require supplementation, the Seller will request the Customer submitting the complaint to provide the necessary information before considering the complaint. The Seller will handle the matter within 30 days from the date of receiving a properly filed complaint. The Customer will receive information about the resolution of the complaint via email to the address provided by them or in writing
  7. In the event of a positive resolution of the complaint, the Seller will issue a new Gift Voucher to the Customer with a value equal to the funds accumulated on the advertised Gift Voucher and with a validity period equal to the validity period applicable to the advertised Gift Voucher.
  8. Przetwarzanie danych osobowych Klienta zgłaszającego reklamacje następuje zgodnie z zasadami dostępnymi w zakładce „Regulaminy”„Polityka Prywatności”.

V. FINAL PROVISIONS

Regulamin obowiązuje od dnia _____

Treść Regulaminu jest dostępna dla Klientów bezpłatnie pod następującym adresem URL http: the-ether.plregulaminy, skąd Klienci mogą w każdym czasie przeglądać, a także sporządzić jego wydruk.

In matters not regulated by this Terms and Conditions, the provisions of the Store's Terms and Conditions and the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services of July 18, 2002 (Journal of Laws of 2002, No. 144, item 1204, as amended); the provisions of the Consumer Rights Act of May 30, 2014 (Journal of Laws of 2014, item 827, as amended); and other relevant provisions of the generally applicable law.

Choosing Polish law under these Terms and Conditions does not deprive the Consumer of the protection granted to them under the provisions that cannot be excluded by an agreement between the Seller and the Consumer, according to the law that would be applicable in the absence of choice, in accordance with the applicable regulations.