In the subsequent parts of these Terms and Conditions, expressions written in capital letters should be understood as defined below:
1.1. BUSINESS DAY – a day from Monday to Friday, excluding statutory holidays.
1.2. CLIENT – refers to the entity for whom services can be provided electronically in accordance with these Terms and Conditions and legal regulations, or with whom a Distance Sales Contract for Goods can be concluded.
1.3. CONSUMER – denotes a natural person who undertakes a legal transaction with an entrepreneur, which is not directly related to their business or professional activities.
1.4. CONSUMER-ENTREPRENEUR – signifies a natural person entering into a contract directly related to their business activities, where the content of this contract indicates that it does not have a professional character for them, particularly in terms of the subject of their business activities as registered under the Central Registration and Information on Business provisions. This entity is subject to consumer-related legal provisions to the extent specified, in accordance with Article 3855 of the Civil Code (applying provisions for consumers in Articles 3851-3853), and pursuant to Article 5564, provisions for consumers in Section II, Title XI "Sales" of the Civil Code, except for Article 558 § 1 second sentence. Additionally, in line with Article 7aa of the Act of May 30, 2014, on Consumer Rights (the "Consumer Rights Act"), provisions concerning consumers in Chapters 4, 5a, and 5b of the Consumer Rights Act apply to the Consumer-Entrepreneur.
1.5. PURCHASER – refers to a person who has concluded a Distance Sales Contract with the Seller for the acquisition of Goods via the Online Store drivana.pl.
1.6. SELLER – refers to the partners of the general partnership operating under the name Dermea Labs Ivana Stanković Spółka Jawna (Registered Partnership), located at Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw, with Tax Identification Number (NIP): 7011023296, National Business Registry Number (REGON): 388354355, email: dermealbas@gmail.com.pl. Contact with the Seller can be made using the aforementioned email address.
1.7. PRODUCT/GOODS – item or items offered by the Seller in the Online Store drivana.pl.
1.8. ONLINE STORE – the online store of the Service Provider, available at the web address drivana.pl.
1.9. SALES CONTRACT – a contract for the sale of a product or products concluded between the Client and the Seller via the Online Store drivana.pl.
1.10 ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.11 CUSTOMER ACCOUNT – denotes an individual panel for each Client, established on their behalf by the Seller following the Client's registration and conclusion of the agreement for the provision of the Customer Account management service; a functionality of the Store enabling the Purchaser, after registration and login, to place orders in the Store and access personalized content such as order history or participation in a loyalty program, available in the Online Store as a movable object being the subject of the Sales Contract between the Client and the Seller.
1.12. NEWSLETTER – an Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients utilizing it to automatically receive periodic contents of successive editions of the newsletter from the Service Provider, containing information about Products, new arrivals, and promotions in the Online Store.
1.13. ORDER FORM – an Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, particularly by adding a Product or Products to an electronic basket and specifying the terms of the Sales Contract, including the method of delivery and payment.
1.14. ORDER – a declaration of intent made by the Client using the Order Form, aiming directly at the conclusion of a Product Sales Contract with the Seller.
1.15. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws of 1964, No. 16, item 93, as amended).
1.16. TERMS AND CONDITIONS – these terms and conditions of the Online Store.
1.17. ACT ON CONSUMER RIGHTS – the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827, as amended).
2.2. These Terms and Conditions are addressed both to Consumers and to Entrepreneurs using the Online Store, unless a given provision of the Terms and Conditions provides otherwise.
2.3. The Administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Terms and Conditions is the Seller. Personal data are processed for purposes, during periods, and based on the foundations and principles indicated in the privacy policy published on the website of the Online Store. The privacy policy primarily includes rules concerning the processing of personal data by the Administrator in the Online Store, including the bases, objectives, and period of processing personal data, as well as the rights of individuals whose data are concerned, and information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Client using the Online Store is voluntary, subject to exceptions indicated in the privacy policy (conclusion of a contract and the statutory obligations of the Seller).
3.1. The following Electronic Services are available in the Online Store: Order Form and Newsletter.
3.2. Order Form – The use of the Order Form begins when the customer adds the first product to the electronic basket in the online store. The Order is placed after the customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the “Confirm Purchase” button on the Online Store’s web page after filling out the Order Form. Until this moment, there is an opportunity for the customer to independently modify the entered data (for this purpose, one should follow the messages and information available on the Online Store's website). The Order Form requires the Client to provide the following personal data: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and information related to the Sales Contract: Product/s, quantity of Product/s, place and method of delivery of Product/s, payment method. For Clients who are not consumers, it is also necessary to provide the company name and tax identification number (NIP).
3.3. The Electronic Service of the Order Form is provided free of charge and is of a one-time nature, concluding either upon placing an order through it or when the Service Recipient ceases to place an Order through it earlier.
3.4. Newsletter – The use of the Newsletter begins by entering an email address in the “Newsletter” tab visible on the Online Store’s webpage, to which subsequent editions of the Newsletter are to be sent, and clicking the “subscribe” button.
3.5. The Electronic Service of the Newsletter is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without stating reasons, to unsubscribe from the Newsletter by sending an appropriate request to the Service Provider, particularly via email to dermealabs@gmail.com or in writing to the address: Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw.
3.6. Technical requirements necessary for cooperation with the teleinformatics system used by the Service Provider: (1) a computer, laptop, or other multimedia device with Internet access; (2) access to electronic mail; (3) enabling the capability of storing Cookies in the web browser.
4.2. The Account Service is free of charge and is provided for an indefinite period.
4.3. From the moment of creating the Account, the Purchaser can collect points within the loyalty program according to the rules indicated in the loyalty program tab.
4.4. The password for the Account should not be shared with third parties.
4.5. The Buyer may delete their Account at any time. To delete the Account, one must log in to their account and then in the 'account settings' tab, uncheck the appropriate option, or send a request to delete the Account via email to dermealbas@gmail.com. The message must specify the email address provided during the account registration. The Account will be deleted immediately upon receipt of the request.
5.1. The conclusion of a Sales Contract between the Client and the Seller occurs after the Client has previously placed an Order using the Order Form in the Online Store drivana.pl.
5.2. The price of the Product displayed on the Online Store's website is given in Polish zloty and includes taxes. The total price of the Product being the subject of the Order, along with taxes, as well as the cost of delivery (including transportation, delivery, and postal service fees) and other charges, and where the amount of these charges cannot be determined – the obligation to pay them, are informed to the Customer on the Online Store's pages during the placing of the Order, including at the moment when the Customer expresses the intention to be bound by the Sales Agreement.
5.3. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of the receipt of the Order and its acceptance for processing occurs by sending the Client an appropriate email to the email address provided during the Order placement, which includes at least the Seller's statements about receiving the Order and accepting it for processing, and confirmation of entering into the Sales Contract. Upon receipt of the above email by the Client, a Sales Contract is concluded between the Client and the Seller.
5.4. The recording, securing, and making available to the Client the content of the concluded Sales Contract is done by providing these Terms and Conditions on the Online Store’s website drivana.pl.
5.5. The provision of services in the scope of executed orders is of a one-time nature, the service is provided until the order is fulfilled.
5.6. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good manners, taking into account the respect for personal rights and copyright and intellectual property rights of the Service Provider and third parties. The Service Recipient is obliged to enter data in accordance with the factual state. The Service Recipient is bound by the prohibition of providing unlawful content. It is forbidden to undertake activities aimed at disrupting the functioning of the Store, using the Store for purposes other than those for which it is intended, and sending unsolicited commercial information. The Service Recipient may at any time access the Terms and Conditions via the Store's website drivana.pl.
6.2. Settlements of transactions via electronic payments and credit card are conducted in accordance with the Client's choice through the Przelewy24 service.
6.3. In the case of choosing electronic payments or credit card payments by the Client, the Client is obliged to make the payment at the time of placing the order/concluding the Sales Contract.
6.4. Funds for the payment for Goods are first credited to the bank account of the operator company of the payment system, which confirms to the Seller the fact of payment made by the Purchaser. The payment service may refuse to handle payments made by the Purchaser, particularly in cases of doubts regarding the legality of the payment. A necessary condition for the commencement of order processing is the receipt of confirmation of payment made by the Purchaser through the electronic payment service. Payments may only be made by individuals authorized to use the respective payment instrument, in particular, a given credit card may only be used by its authorized holder. Detected cases of abuse will be reported to the appropriate police departments. The Seller provides the Purchaser with the appropriate transaction form. The data from the form are automatically transmitted to the partner of the electronic payment system (e.g., bank) through the electronic payment service.
6.5. To make a payment, the Buyer should confirm the payment on the websites of the bank or the authorization-settlement center in accordance with the rules specified by them. If any changes are made to the payment form provided on these pages and automatically completed by the payment service, the payment may not be processed.
7.1. The Store conducts deliveries within the territory of the Republic of Poland. Shipping outside the borders of the Republic of Poland is possible based on individual arrangements with the Store.
7.2. The Store sends the ordered goods via InPost. The Purchaser may also personally collect the Goods at the Dermea Clinic in Warsaw, Stanisława Noakowskiego Street 16, apt. 13, 00-666 Warsaw, on business days during working hours. Personal collection is free of charge.
7.3. The delivery period ranges from 2 to 7 business days from the day of placing the order, depending on the availability information provided with the product.
7.4. In the case of payment by means other than cash on delivery, the delivery period is calculated from the day the payment is credited to the bank account of drivana.pl Store.
7.5. The condition for issuing the Product is payment for the Product and shipment (in the case of free delivery – payment for the Goods).
8.1. The basis and scope of the Seller's liability to the Client, if the sold Product has a physical or legal defect (warranty), are defined by universally applicable legal provisions, particularly in the Civil Code (including articles 556-576 of the Civil Code).
8.2. The Seller is obliged to deliver a Product free from defects to the Client.
8.3. A complaint may be submitted by the Client, for example, in writing to: Dermea Labs, Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw, or by email to: dermealabs@gmail.com.
8.4. It is recommended that the Client provides in the complaint description: information and circumstances regarding the subject of the complaint, particularly the type and date of the defect; a request for bringing the Product into compliance with the Sales Contract or a statement of price reduction or withdrawal from the Sales Contract; and contact details of the complainant – this will facilitate and expedite the Seller’s consideration of the complaint. The requirements stated in the previous sentence are merely recommendations and do not affect the effectiveness of complaints submitted without the recommended description.
8.5. The Seller will respond to the Client's complaint promptly, no later than within 14 calendar days from the date of its submission.
8.6. A Client exercising rights under the warranty is obliged to deliver the defective Product to the address: Dermea Labs, Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw. In the case of a Client who is a consumer, the cost of delivering the Product is borne by the Seller.
8.7. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under warranty for the Product towards a Client who is not a consumer is excluded.
8.8. In the event of a defect in the Product, a Client who is a Consumer or an Entrepreneur-consumer has the option of complaining about the defective Goods based on the warranty regulated in the Civil Code or a guarantee, if a guarantee has been provided.
8.9. The Seller is liable to the consumer for conformity of the service with the contract on the terms set out in the Act of 23 April 1964 – Civil Code;
8.10. Using the warranty, a Client who is a Consumer or an Entrepreneur-consumer may, on the terms and within the deadlines specified in the Civil Code:
a) Submit a statement of price reduction,
b) In the case of a significant defect – submit a statement of withdrawal from the contract,
c) Demand the exchange of the item for one free of defects,
d) Demand the removal of the defect.
8.11. In the event that the return of the product is necessary, the Client should send the item to the address of drivana.pl Store, Dermea Labs, Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw. The cost of shipping will be refunded to the Client in the case of a positive consideration of the complaint.
8.12. In the event that a return of goods occurs as a result of the complaint, the Store refunds the full amount paid for the goods and the cost of delivery to the Client, who is a Consumer or Entrepreneur-consumer.
9.1. Based on the Act of May 30, 2014, on consumer rights (Journal of Laws of 2014, item 827), a Purchaser who is a Consumer or an Entrepreneur-consumer may withdraw from the sales contract of Goods purchased in the Store within 90 (ninety) days without giving any reason and without incurring costs, except for the costs indicated below. The form for withdrawal from the contract is located at the end of these regulations.
9.2. The Seller is obliged to immediately, no later than within 14 calendar days from the date of receiving the consumer's statement of withdrawal from the contract, refund all payments made by the consumer, including the cost of delivering the Product (except for additional costs resulting from the consumer's choice of a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller shall make the refund using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not incur any costs for him. If the Seller has not offered to collect the Product from the consumer himself, he may withhold the refund of payments received from the consumer until he receives the Product back, or until the consumer provides proof of its return, whichever occurs first.
9.3. The Consumer is obliged to immediately, no later than within 14 calendar days from the day of withdrawing from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to collect it, unless the Seller has offered to collect the Product himself. To meet the deadline, it is sufficient to send back the Product before its expiry. The Consumer may return the Product to the address: Dermea Labs, Stanisława Noakowskiego Street 16, apt. 31 2, 00-666 Warsaw.
9.4. The Consumer is responsible for the decrease in value of the Product resulting from using it in a way that goes beyond what is necessary to determine the nature, characteristics, and functioning of the Product.
9.5. Possible costs associated with the consumer's withdrawal from the Contract, which the Consumer is obliged to bear.
9.6. The period for withdrawal from the contract begins from the Consumer or Entrepreneur-consumer taking possession of the Goods or a person other than the carrier designated by them. To meet the deadline, it is sufficient to send the declaration before its expiry.
9.7. The right to withdraw from the contract does not apply to the Purchaser in relation to contracts:
a) for the provision of services if the Store has fully performed the service with the explicit consent of the Purchaser, who was informed before the start of the service that after the fulfillment of the service by the Store, he will lose the right to withdraw from the contract,
b) in which the subject of the service is a non-prefabricated item, produced according to the Purchaser's specification or serving to satisfy his individualized needs,
c) in which the subject of the service is an item subject to rapid deterioration or having a short shelf life,
d) in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
e) in which the subject of the service are items that, due to their nature, are inseparably connected with other items after delivery, concluded at a public auction.
9.8. In the event of the Purchaser's withdrawal from the contract, the contract is considered as not concluded. The Store will immediately, no later than within 14 days from the day of receiving the declaration of withdrawal from the contract, refund all payments made by the Purchaser, including the cost of delivering the goods. If the Purchaser chose a method of delivering the goods other than the cheapest standard delivery method offered by the Store, the Store is not obliged to refund the additional costs incurred by the Purchaser.
9.9. The Store will refund the payment using the same method of payment used by the Purchaser, unless the Purchaser has expressly agreed to a different method of refund, which does not involve any costs for him. The Store reserves the right to withhold the refund of payments received from the Purchaser until the goods are received back or the Purchaser provides proof of their return, whichever occurs first.
9.10. The Purchaser is obliged to return the Goods to the Store immediately, but no later than 14 days from the day on which he withdrew from the contract. The Purchaser bears only the direct cost of returning the Goods due to the withdrawal from the contract.
9.11. The Purchaser is responsible for the decrease in value of the returned goods resulting from using them in a way that goes beyond what is necessary to determine their nature, characteristics, and functioning.
9.12. The right to withdraw from a distance contract, as referred to in §9 of the Regulations, does not apply to a Client who is not a Consumer or Entrepreneur-consumer.
10.1. The administrators of personal data of individuals using the Online Store drivana.pl, including Purchasers and individuals holding a Customer Account in the Online Store, are the partners of the civil law partnership operating under the name Dermea Labs Spółka Jawna (Registered Partnership), located in Warsaw at Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw, NIP: 7011023296, REGON: 388354355; email: dermealabs@gmail.com.
10.2. The data will be used by the partners of the civil law partnership operating under the name Dermea Labs Spółka Jawna (Registered Partnership), based in Warsaw at Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw, NIP: 7011023296, REGON: 388354355 for the purpose of:
1) maintaining the Customer Account in the Online Store drivana.pl (in case such an account is created); (name and surname, email address, telephone number),
2) enabling the placement and execution of orders, servicing these orders, and contacts regarding orders; (name and surname, email address, telephone number, delivery address, bank account number),
3) handling inquiries, assessing satisfaction with products and services; (name and surname, email address, telephone number, information about transactions and delivery method),
4) informing about and marketing the services and products of Dr Ivana Stanković; (name and surname, email address, telephone number, delivery address, information about transactions),
5) creating offers of products and services dedicated to the user, and for analyses (including statistical and concerning significant features of recipients of our services and products) conducted to better prepare our offer or information or ensure more effective reaching to the selected group of recipients; (name and surname, email address, telephone number, delivery address, information about transactions),
6) establishing, pursuing or defending against potential claims; (name and surname, email address, telephone number, delivery address, information about transactions),
7)fulfilling obligations towards the Purchaser or holder of the Customer Account in the Online Store drivana.pl; (name and surname, email address, telephone number, delivery address, information about transactions),
8) fulfilling legal obligations incumbent on Dermea Labs, e.g., in terms of taxes, as well as in connection with the case with which a given user turns to Dermea Labs, e.g., a complaint, application, claim, question, or in connection with which Dermea Labs contacts the user or Purchaser, e.g., providing a response, considering a complaint or claim; (name and surname, email address, telephone number, delivery address, information about transactions).
10.3. Dermea Labs processes data on the following legal bases, depending on the circumstances, because it is necessary for:
1) the performance of the contract to which the user is a party – this applies to maintaining the Customer Account in the Online Store drivana.pl (in the case of its creation), as well as servicing each of the orders placed by the Purchaser, including handling electronic payments and delivery of the purchased goods, in accordance with Article 6(1)(b) of the Regulation of the European Parliament and of the Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”),
2) fulfilling a legal obligation incumbent on Dermea Labs – this particularly applies to obligations arising from regulations defining consumer rights, tax regulations, and accounting regulations, in accordance with Article 6(1)(c) of the GDPR,
3) directing direct marketing, for which the individual has previously given consent, including the preparation and transmission of information about the activity and offers relating to the products and services of Dermea Labs, in accordance with Article 6(1)(a) of the GDPR,
4) purposes arising from the legally justified interests pursued by Dermea Labs, in accordance with Article 6(1)(f) of the GDPR – this applies to the following cases:
a) Direct marketing involving the preparation and transmission of information about the activities and offers relating to the products and services of Dermea Labs, and also, in the case of setting up a Customer Account in the Online Store drivana.pl, information and offers specially prepared for an individual based on the analysis of their purchase history and other information (e.g., birthday discount offers to be used around the birthday, offers aimed exclusively in connection with specific characteristics such as place of residence, gender, age group, etc.),
b)Surveying satisfaction with the services provided by Dermea Labs and the products sold, as well as with customer service quality,
c) Analyzing the activities of Dermea Labs' customers on the website of Dermea Labs' Online Store to better prepare our offers or information or ensure more effective reaching to the selected group of recipients, and in connection with affiliate marketing conducted by Dermea Labs,
d) Providing responses in connection with a complaint, application, claim, or question,
e) Establishing and pursuing claims or defending against such claims.
10.4. Data may be transferred by Dermea Labs to the following entities:
1) Service providers engaged by Dermea Labs for the maintenance and operation of the drivana.pl Online Store website,
2) Providers of information technology systems used in maintaining accounts or making purchases in the drivana.pl Online Store,
3) Entities processing online payments,
4) Entities processing data in relation to profiling,
5) Entities providing accounting, legal, advisory, audit, consulting, and delivery services,
6) Marketing agencies implementing services on behalf of Dermea Labs,
7) Public authorities, including courts, upon their justified request or if such obligation arises from legal regulations or in order to defend or pursue claims.
10.5. Personal data will not be transferred outside the European Economic Area ("EEA") or to international organizations. In certain cases, particularly when using IT solutions provided using servers that may be located outside the EEA, Dermea Labs may transfer personal data to so-called third countries. The level of personal data protection outside the EEA differs from that provided by Polish and European law. Therefore, Dermea Labs transfers personal data outside the EEA only when necessary and with an assurance of adequate data protection. You have the right to receive a copy of the standard contractual clauses or other appropriate safeguards for data transfers outside the EEA from Dermea Labs.
10.6. Dermea Labs will store data for the period necessary to achieve the purposes for which they are processed.
10.7. Dermea Labs will store data:
1) As long as the relationship between the user, such as the Purchaser, and Dermea Labs justifies such processing, in particular as long as you maintain an active Customer Account in the drivana.pl Online Store or for the period necessary to execute the order or consider a complaint or other type of claim or application.
2) For the realization of legally justified interests of Dermea Labs, i.e., establishing and pursuing claims or defending against claims – for the period of limitation of claims against Dermea Labs or Dermea Labs' claims against the user arising from legal provisions (e.g., the general term for prescription of claims related to business activity is 3 years, while the general term for prescription of a consumer's claims against us is 6 years; the above-mentioned periods for storing personal data may change with changes to universally applicable legal provisions) or the statute of limitations for tax obligations related to economic events (acquisition of services or goods) in which you were a party, and for the duration of related court, arbitration, etc., proceedings.
3) For the realization of legally justified interests of Dermea Labs, i.e., responding to a query, complaint, application, claim, or suggestion – for the time necessary to provide a response, generally no longer than 30 days, although we may extend this period by the period of prescription of the user's claims, including the Purchaser's or Dermea Labs' claims arising from legal provisions, if processing of this data is necessary to establish or pursue claims, as well as to defend against such claims, and for the duration of related court, arbitration, etc., proceedings.
4) For the purposes of fulfilling the obligations of Dermea Labs arising from legal provisions (e.g., the Accounting Act or tax regulations or regulations concerning product liability) - for the period specified in such regulations (e.g., for accounting purposes, data will be stored for 5 years from the end of the calendar year in which the tax payment deadline related to the contract expired).
5) In the event that a given person objects at any time, for reasons related to their particular situation, to the processing of their personal data based on our legally justified interest (pursuant to Article 6(1)(f) of the GDPR), including profiling, Dermea Labs will cease to process their personal data unless Dermea Labs demonstrates the existence of valid legally justified grounds for processing, overriding their interests, rights, and freedoms, or grounds for establishing, pursuing, or defending claims.
10.9. To exercise these rights or to obtain additional information in this regard, we encourage you to contact Dermea Labs, particularly via email at dermealabs@gmail.com.
10.10. If an individual approaches Dermea Labs with a request to exercise their rights, and there are justified doubts regarding their identity, Dermea Labs may require additional information necessary to confirm their identity. Dermea Labs will respond to requests without undue delay, ideally within a month from the day of receiving the request.
10.11. If Dermea Labs demonstrates that the requests of an individual are manifestly unfounded or excessive, particularly due to their repetitive nature, Dermea Labs may:
10.12. An individual concerned, such as a Purchaser, website user, or Customer Account holder in the drivana.pl Online Store, has the right to request access to their personal data, including specifically information about whether Dermea Labs processes their personal data and the scope of data held by Dermea Labs, the purposes of data processing, categories of data recipients, the planned data storage period, rights regarding personal data, and information about the sources of data acquisition by Dermea Labs, if not collected from the individual. The individual also has the right to obtain a copy of the data, with the proviso that obtaining the first copy of the data is free of charge, and obtaining each subsequent copy may involve a fee of reasonable amount reflecting the administrative costs of preparing such a data copy.
10.13. An individual concerned, such as a Purchaser, website user, or Customer Account holder in the drivana.pl Online Store, has the right to request the immediate rectification of incorrect data or, considering the purposes of processing, completion of incomplete data.
10.14. An individual concerned, such as a Purchaser, website user, or Customer Account holder in the drivana.pl Online Store, has the right to request the immediate deletion of their data if one of the following circumstances occurs:
1) The personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
2) The individual has effectively objected to the processing;
3) The personal data were processed unlawfully;
4) The personal data must be deleted to comply with a legal obligation;
5) The individual has withdrawn consent to the processing of personal data, and the personal data were processed based on their consent and there is no other legal basis for processing;
6) The personal data were collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
10.15. However, the individual concerned will not be able to exercise the right to data deletion if such data is necessary for establishing or pursuing claims or defending against claims.
10.16. An individual concerned, such as a Purchaser, website user, or Customer Account holder in the drivana.pl Online Store, has the right to request that Dermea Labs restricts the processing of their data, for example, when:
1) They question the accuracy of their personal data being processed - in such cases, they may request a restriction on processing for a period allowing the verification of the accuracy of these data;
2) They believe that the processing of their personal data is unlawful but oppose the deletion of these data, requesting instead the restriction of their use;
3) Dermea Labs no longer needs their personal data for its processing purposes, but they are needed by the individual to establish, pursue, or defend against claims;
4) They have objected to the processing of their personal data by Dermea Labs due to their particular situation - in such cases, they may request the restriction of processing until it is determined whether the legally justified interests of Dermea Labs in processing the data are overriding in respect of the grounds of their objection.
10.17. In the case of restriction on the processing of personal data, Dermea Labs may store them and additionally use them only for the purpose of establishing, pursuing, or defending claims, for protecting the rights of another natural or legal person, or for reasons of important public interest of the European Union or a Member State. Other activities may be undertaken by Dermea Labs only with the consent of the individual concerned.
10.18. An individual concerned, such as a Purchaser, website user, or Customer Account holder in the drivana.pl Online Store, has the right to receive their personal data, which they have provided to Dermea Labs, in a structured, commonly used, and machine-readable format and has the right to transmit those data to another data controller without hindrance from drivana.pl, if:
1) The processing is based on their consent or on a contract with them, and
2) The processing is carried out by automated means.
10.19. In the situation indicated in clause 18 above, the individual also has the right to request that their personal data be transmitted by Dermea Labs directly to another data controller, where technically feasible.10.20. An individual concerned, such as a Purchaser, website user, or Customer Account holder in the drivana.pl Online Store, has the right at any time to object – for reasons related to their particular situation – to the processing of their data if the legal basis for processing is the legally justified interest of Dermea Labs. In such cases, they should indicate the particular situation that, in their opinion, justifies the cessation of processing of their data covered by the objection.
10.21. As a result of the objection, Dermea Labs will cease to process their personal data unless Dermea Labs demonstrates the existence of significant legally justified grounds for processing, overriding the interests, rights, and freedoms of the individual who has objected, or grounds for establishing, pursuing, or defending claims.
10.22. If personal data are processed for direct marketing purposes, the individual concerned may object at any time to such processing, including profiling, without the need to demonstrate reasons related to their particular situation, and Dermea Labs is obliged to immediately cease such processing.
10.23. In any case where processing is based on consent, the individual who provided it has the right to withdraw it at any time. Withdrawal of consent does not affect the legality of processing carried out on the basis of consent before its withdrawal.
10.24. The individual concerned, such as a Purchaser, website user, or Customer Account holder in the drivana.pl Online Store, has the right to lodge a complaint with the President of the Personal Data Protection Office if they believe that the processing of personal data concerning them violates the provisions of the GDPR.
10.25. All data provided are voluntary, but some are necessary for maintaining a Customer Account in the drivana.pl Online Store (e.g., email address), making and executing orders (data allowing identification, data necessary for delivery), issuing appropriate tax documents (tax identification number), and failure to provide them will prevent the realization of these actions.
10.26. For marketing activities, Dermea Labs uses profiling activities, i.e., analyzes information about website users, including Purchasers, and assesses their purchasing preferences to present them with an offer tailored to their characteristics or meeting – in the opinion of Dermea Labs – their needs and requirements.
10.27. Dermea Labs also conducts profiling activities monitoring the internet traffic of users of Dermea Labs websites (in particular identifying the websites from which users entered the Dermea Labs pages) in connection with affiliate marketing conducted by Dermea Labs.
10.28. The website contains links to external social media portals (YouTube, Facebook, Twitter, Instagram, LinkedIn, TikTok). Functions assigned to individual links, especially the transmission of information and personal data, are activated only after clicking on the respective link. This activates the so-called plugin of the respective social media portals, and the browser establishes a direct connection with the servers of the social media portal, and the user is redirected to that portal's page. The portal provider receives information that the user visited the Online Store's website before entering the portal's website (even if they are not registered or logged in to that portal). Such information (including the IP address) will be sent directly from the user's browser to the social media portal's servers (usually located in the United States of America) and stored there. If the user is logged into the portal, it will immediately associate the visit to the portal with their account. If the user does not want their data to be transmitted to social media portal providers, they should not click on the links to these portals. If the user does not want the portal provider to link the visit to the portal with their profile, they should ensure that they have previously logged out of the portal. More information on the processing of personal data by individual portals can be found on their websites.
11.1. This Regulation is subject to Polish law. In matters not regulated by the Regulation, Polish law shall apply, including in particular the Civil Code, the Act on Consumer Rights, the Act on Personal Data Protection, and the Act on Out-of-Court Consumer Dispute Resolution.
11.2. Any disruptions to the functioning of the drivana.pl Online Store, as well as problems and comments related to the services provided within the drivana.pl Online Store, should be reported to the email address: dermealabs@gmail.com.
11.3. The Regulations may be changed for significant legal, technical, or organizational reasons. The amended Regulations will be made available on the Store's pages at least 30 days before they come into effect. Orders placed before the change of the Regulations will be subject to the Regulations in the version effective on the day of placing the order. The Buyer will be informed about the change of the Regulations no later than 30 calendar days before the introduction of the amended Regulations, by sending a message to the email address. The use of the Services by the Buyer after the changes come into effect or lack of termination by the Buyer submitted within 14 days - will be equivalent to acceptance of the new provisions of the Regulations.
11.4. In the event of any disputes arising between the Store and a Buyer who does not qualify as a Consumer or Entrepreneur-consumer, such disputes shall be adjudicated by the court having jurisdiction over the location where the Store is registered.
11.5. The use of any materials published on the website of the Store, including photos and descriptions of Goods, without the written consent of the Store is prohibited.
11.6. These Regulations shall come into force on 30.10.2023.
Template of the contract withdrawal form
(this form should be filled out and returned only if you wish to withdraw from the contract)
– Addressee:
Dermea Labs Spółka Jawna, Stanisława Noakowskiego Street 16, apt. 31, 00-666 Warsaw/dermealabs@gmail.com
– I/We() hereby inform you of my/our withdrawal from the contract of sale of the following goods() delivery contract of the following goods() work contract consisting in the execution of the following items()/provision of the following service()
– Date of contract conclusion()/receipt()
– Name and surname of the consumer(-s)
– Address of the consumer(-s)
– Signature of the consumer(-s) (only if the form is sent in paper version)
– Date
(*) Delete as appropriate.