Store Terms and Conditions

§ 1. GENERAL PROVISIONS

1. Regulamin serwisu internetowego https://smartmonkey2.powercode.pro/  określa zasady i warunki korzystania z Serwisu, a także rodzaj i zakres usług świadczonych drogą elektroniczną za pośrednictwem Serwisu przez Usługodawcę, tj. CHMAL INVESTMENTS GROUP SP. Z O.O z siedzibą w Łodzi, Aleja Włókniarzy 234a, 90-556 Łódź, wpisana do rejestru przedsiębiorców Krajowego Rejestru Sądowego pod nr KRS: 0000425340, akta rejestrowe złożone w Sądzie Rejonowym dla Łodzi-Śródmieścia w Łodzi, XX Wydział Gospodarczy Krajowego Rejestru Sądowego, NIP: 7262650062, REGON: 10143403900000, posiadającą status mikro przedsiębiorcy w rozumieniu Ustawy z dnia 8 marca 2013 roku o przeciwdziałaniu nadmiernym opóźnieniom w transakcjach handlowych (Dz.U. z 2022 r. poz. 893 z późn. zm.).  Dane kontaktowe:
   
   1. Postal address: Al. Włókniarzy 234a, 90-556 Łódź.
   2. E-mail address: info@smartmonkeylab.pl
   3. Phone number: +48 570 516 777
2. The Regulations are made available to Users in electronic form on the Website in such a way that they can store and reproduce the Regulations in the ordinary course of business. The User using the Website Services declares that he or she has read, understood and agreed to all terms and conditions contained in these Website Regulations.
3. The Service Provider, in addition to the offered Goods, as part of its business:
   1. Provides Digital Goods to Users;
   2. Delivers Newsletter to Subscribers.
4. Information about Digital Content available on the Website, in particular their descriptions, technical and operational parameters, constitute an invitation to conclude a contract within the meaning of Art. 71 of the Act of 23 April 1964 Civil Code.

§ 2. DEFINITIONS

1. Working days - days from Monday to Friday, except public holidays;
2. Delivery - an actual act consisting in the delivery to the Customer by the Seller, through the Supplier, of the Goods specified in the Order;
3. Supplier - an entity with which the Seller cooperates in the delivery of Goods;
4. Registration form - a form available on the Website, enabling the creation of a Customer Account;
5. Order form - an interactive form available on the Website enabling placing an Order, in particular by selecting Goods and specifying the method of Delivery and payment;
6. Customer - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, and who has concluded an agreement with the Seller. Within the meaning of the terms of these Regulations, the Customer is also the User of the Website;
7. Customer Account - a set of resources and authorizations assigned to the Customer. The Customer Account collects data provided by the Customer and information about Orders placed by him in the Store;
8. Newsletter - digital content within the meaning of the provisions of the Consumer Rights Act, including commercial information regarding the Seller's current activities (including information about new products and promotions available on the Website) and educational materials, in particular regarding topics related to: products derived from hemp;
9. Non-compliance - this means non-compliance of the Digital Content with the Agreement regarding its supply (the criteria for assessing the compliance of the Digital Content with the Agreement regarding its supply are specified in Article 43k, sections 1-2 of the Act on Consumer Rights);
10. Goods – a product offered by the Seller as part of the Online Store;
11. Regulations - this document specifying the rules and conditions of using the Website and the rules and conditions of using the Newsletter;
12. Online Store/Website - means the website operated by the Service Provider at: https://smartmonkey2.powercode.pro/, through which it is possible to use the Services and conclude a Sales Agreement;
13. Seller/Service Provider – CHMAL INVESTMENTS GROUP SP. Z O.O with its registered office in Łódź, ul. Aleja Włókniarzy 234a, 90-556 Łódź, entered into the register of entrepreneurs of the National Court Register under KRS number: 0000425340, registration files filed with the District Court for Łódź-Śródmieście in Łódź, 20th Commercial Division of the National Court Register, NIP: 7262650062, REGON: 10143403900 000, having the status of a micro entrepreneur within the meaning of the Act of March 8, 2013 on counteracting excessive delays in commercial transactions (Journal of Laws of 2022, item 893, as amended);
14. Digital Goods – digital content within the meaning of the provisions of the Consumer Rights Act that may be delivered to the User;
15. Digital Content – Digital Goods or Newsletter;
16. Sales Agreement - a contract for the sale of Goods concluded between the Customer and the Seller via the Online Store;
17. Newsletter delivery agreement - an agreement for the delivery of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Service Provider undertakes to provide the Subscriber with the Newsletter free of charge for an indefinite period of time, and the Subscriber undertakes to provide the Service Provider with personal data;
18. Agreement for the supply of Digital Goods - an agreement for the supply of digital content within the meaning of the provisions of the Consumer Rights Act, under which the Service Provider undertakes to provide the User with a Digital Good, and the User undertakes to conclude a Newsletter Delivery Agreement with the Service Provider or to pay the price;
19. Service or Services - a service provided electronically by the Service Provider to the User via the Website, in particular Services such as: User Account, Contact Form, Order Form, Newsletter;
20. User - a natural person, a legal person or an organizational unit without legal personality, which is granted legal capacity by law, using the services provided by the Service Provider as part of the Online Store. User is also understood as an entity that has concluded a Newsletter Delivery Agreement with the Service Provider or has taken steps to conclude it.

§ 3. TERMS OF USE OF THE ONLINE STORE

1. Browsing the Goods offered in the Online Store does not require registration.
2. Registration is not necessary to place an order in the Online Store. However, the Customer may create a Customer Account, the absence of which does not affect the ability to browse the Goods offered in the Online Store or place an order.
3. Registration is carried out free of charge by correctly completing all fields of the Registration Form and accepting the consents specified therein. When completing the Registration Form, the Customer has the opportunity to read the Regulations and the Privacy Policy and accept their content.
4. A User with a Customer Account can log in to the Website by providing an email address and password
5. The Customer may terminate the contract for the provision of the Customer Account service at any time, without giving a reason and without incurring costs, in particular by sending it to the Service Provider via e-mail to the following address: info@smartmonkeylab.pl or in writing to the Seller's address, i.e. Al. Włókniarzy 234a, 90-556 Łódź request to delete the Customer Account along with indicating the e-mail address currently registered in the Online Store.
6. The Service Provider may terminate the contract for the provision of the Customer Account service with a 14-day notice period for important reasons, which include in particular:
   1. the Customer's use of the Online Store in a manner that violates the law or the provisions of these Regulations;
   2. the Customer's use of the Online Store in a way that violates the rights of third parties or good practices;
   3. the Customer's use of the Online Store in a way that disrupts its functioning;
   4. sending or posting unsolicited commercial information (spam) by the Customer in the Online Store;
   5. posting illegal content on the Website by the Customer in any form, including in particular content violating the rights of the Service Provider, the rights of third parties, posting content violating the law or good practices.

7. The Service Provider may submit a declaration of termination of the contract for the provision of the Customer Account service by sending the Customer a declaration of termination of the contract for the provision of the Customer Account service via e-mail to the e-mail address currently registered in the Online Store.
8. Termination of the contract for the provision of the Customer Account service by any of the Parties, as well as termination of the contract for the provision of the Customer Account service with the consent of both Parties, will result in blocking and deletion of the Customer Account from the Online Store.
9. Termination of the contract for the provision of the Customer Account service by any of the Parties, as well as termination of the contract for the provision of the Customer Account service with the consent of both Parties, does not affect the rights acquired by the Parties before the termination or termination of the contract.
10. The costs resulting from the User's use of means of distance communication (in particular the cost of Internet access) are borne by the User on their own.
11. The Online Store will provide a service for customers who have a Customer Account to add opinions regarding: purchased Goods. This means that only a Customer who has a registered Customer Account will be able to add an opinion, and the opinion will only concern Goods that have been purchased by the Customer. The Seller does not verify the content of opinions added by Customers.
12. The client is responsible for the published opinions and ensures that they are consistent with the facts. Content published by Customers may not violate the rights of the Seller, the provisions of the Regulations, generally applicable legal provisions and the rights of third parties. Users are responsible for the truthfulness, reliability and compliance with the law of the content they publish as part of the added opinions.
13. If the Customer adds an opinion that violates the rights of the Seller, the provisions of the Regulations, generally applicable provisions of law or the rights of third parties, the Seller has the right to immediately remove the content added by the Customer.
14. By adding an opinion, the Customer accepts the content of these Regulations and declares that he has read the Privacy Policy.
15. If the opinion posted by the Customer constitutes a work within the meaning of the Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 1994, No. 24, item 83, as amended), the Customer, by voluntarily posting the opinion in the Online Store, grants the Service Provider a non-exclusive, free and a non-transferable license for the Seller to use these works, which includes in particular the publication of the works in the Online Store. The license is granted for all fields of exploitation known at the time of concluding the contract for the provision of services, in particular for the fields of exploitation specified in Art. 50 of the above-mentioned Act on Copyright and Related Rights:
    1. in the field of recording and reproducing the work - producing copies of the work using a specific technique, including printing, reprographic, magnetic recording and digital techniques;
    2. in the scope of trade in the original or copies on which the work was recorded - placing on the market, lending or renting the original or copies;
    3. in the scope of disseminating the work in a manner other than that specified in point 2) above - public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work publicly available in such a way that everyone can have access to it at a place and time by themselves chosen.
16. The Service Provider shall exercise due diligence to ensure that the Digital Goods available on the Website are consistent with the actual state applicable at the time of their delivery. At the same time, the User acknowledges that the Service Provider is not obliged to update the Digital Goods after their delivery to the User.
17. The User's failure to use the delivered Digital Goods despite the possibility of using them does not entitle the User to demand a refund of the price for a given Digital Goods from the Service Provider (if the Digital Goods were delivered in exchange for payment of the price).

§ 4. EXECUTION OF THE CONTRACT

1. The customer can place orders, i.e. may purchase the Goods and conclude a sales contract with the Seller in the Online Store 7 days a week, 24 hours a day.
2. Information about the price of the Goods, features, quality and important properties of the Goods is available on the website of the Online Store and is placed next to the presented Goods.
3. To place an order you must:
   1. use the option of placing an order after registration or without registration;
   2. select Goods;
   3. correctly complete the Order Form, which contains information regarding, in particular, the details of the order recipient, place and form of Delivery, as well as the form of payment.
4. A Customer who does not have a Customer Account is obliged to accept the consents specified in the Order Form in order to place an order in the Online Store.
5. After the Customer completes the information specified in the Order Form, the Customer confirms the order and then proceeds to the payment stage.
6. The final (final) amount to be paid by the Customer consists of the price for the Goods and the cost of Delivery (including transport, delivery and postal services fees), about which the Customer is informed on the Online Store website when placing the Order, including at the time of expressing the will to be bound by the Sales Agreement by completing all required fields of the Order Form and proceeding to the payment process.
7. The prices given in the Store are given in Polish zloty and are gross prices (including VAT).
8. After placing the order, the Seller sends confirmation of order acceptance to the e-mail address provided by the Customer.
9. The Seller reserves a maximum order processing time of 30 days. After the ineffective expiry of this period, the Customer may cancel the order by sending a declaration of order cancellation to the Seller. In such a case, the Seller shall immediately refund to the Customer all payments made by him, including any costs of Delivery of the Goods.
10. The Seller is obliged to deliver Goods to the Customer without defects, in accordance with the content of the contract. The Seller is liable to Customers for non-compliance of the goods with the contract under the terms set out in the provisions of the Act of May 30, 2014. on consumer rights (Journal of Laws of 2020, item 287, as amended) in Art. 43a to 43g, as well as in the provisions of the Act of April 23, 1964, Civil Code (Journal of Laws of 2022, item 1360), excluding the provisions of Book Three, Title XI, Section II.
11. A customer who exercises rights due to non-compliance of the goods with the content of the contract may request its repair or replacement, subject to the reservations specified in Art. 43d section 2 and 3 and art. 43e of the Act of 30 May 2014. on consumer rights (Journal of Laws Laws of 2020 pos.

§ 5. PAYMENT DATE AND FORM

1. The Seller reserves the right to change the prices and quantities of Goods offered in the Online Store. The price applicable to the Customer is the price given in the Online Store at the time of the correctly completed and submitted Order Form and confirmed by the Seller in the manner specified in § 4 section 5 and section
2. The Customer may make payment for the ordered Goods in the forms provided by the Seller and provided in the Online Store.

§ 6. DELIVERY

1. Delivery of the ordered Goods by the Customer is subject to payment. When completing the Order Form, the Customer is informed about the available forms of Delivery, as well as the costs of each of them.
2. The Seller carries out the Delivery within the territory of the Republic of Poland.
3. The total price for the purchased Goods, including the costs of Delivery, is presented to the Customer in the manner specified in § 4 section
4. If the Customer fails to collect the Goods delivered by the Seller, the Seller will make an additional Delivery only at the Customer's request within the time agreed with him for an additional fee agreed individually. The additional Delivery will be made by the Seller after the Customer accepts the agreed Delivery date and the related fee in writing or by e-mail.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated by him in the order. The Seller is not responsible for any delays in Delivery caused by the Supplier.
6. The customer should examine the delivered shipment immediately after delivery of the goods. If the shipment is found to be missing or damaged, the Customer has the right to request the Supplier's employee to prepare an appropriate report. If the report is not prepared or the defects are not reported, the Customer loses his rights in this respect.

§ 7. WITHDRAWAL FROM THE CONTRACT

1. Subject to section 4 below, the Customer who is a consumer may withdraw from the contract without giving a reason within 14 days from the date of Delivery of the ordered Goods. To meet the deadline, it is enough to send the declaration before its expiry. Information on the right to withdraw from the contract, containing in particular information on the method and deadline for exercising the right to withdraw from the contract and the costs of returning the Goods in the event of withdrawal from the contract, which are borne by the Customer, is an annex to these Regulations.
2. Exercising the right to withdraw from the contract depends on the Customer submitting a declaration of withdrawal from the contract. The customer may use the declaration of withdrawal from the contract form, which constitutes an annex to these Regulations. The Customer may send this declaration to the address of the Seller's registered office, or may send a scan of the completed and signed form by e-mail to the following address: info@smartmonkeylab.pl.
3. The Customer should, if possible, attach proof of purchase of the Goods to the declaration of withdrawal from the contract (however, attaching proof of purchase of the Goods is not obligatory and does not affect the effectiveness of the submitted declaration of withdrawal from the contract).
4. The right to withdraw from the contract does not apply to the following Goods:
   1. which deteriorate quickly or have a short shelf life;
   2. delivered in sealed packages which cannot be returned once the package has been opened.

The following goods offered by the Seller are deemed to be: are delivered in sealed packages, therefore, after opening them, the Customer has no right to withdraw from the Agreement:

1. functional oils offered on the Online Store website;
2. functional inhalers offered on the Online Store website;
3. moon rock for vaporization relaxation and regeneration.

5. The Customer is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
6. The Customer is obliged to return the Goods for which he submitted a declaration of withdrawal from the contract within 14 days from the date on which he submitted a declaration of withdrawal from the contract. To meet the deadline, it is sufficient to return the Goods before its expiry to the following address: CHMAL INVESTMENTS GROUP SP. Z O.O., Al. Włókniarzy 234a, 90-556 Łódź.
7. The Goods are returned at the Customer's expense.
8. The Seller, within 14 days of receiving the Customer's declaration of withdrawal from the contract, will refund the Customer's payment for the returned Goods. The Seller refunds the payment using the same payment method used by the Customer, unless the Customer has expressly agreed to a different method of return.
9. The Seller may withhold the refund of payments referred to in section 8 above, until the Customer returns the Goods affected by the withdrawal from the contract.
10. The Customer is not entitled to withdraw from the contract if he concluded the contract as part of his business activity, i.e. as an entrepreneur, unless the Customer is a natural person concluding a contract directly related to his/her business activity, and the content of this contract shows that it does not have a professional character for this person, resulting in particular from the subject of his/her business activity, made available on the basis of the provisions on Central Registration and Information on Business - in such a case, the Customer has the right to withdraw from the contract.

§ 8. TECHNICAL REQUIREMENTS

1. In order to use the Website, the Customer must have devices enabling the use of the Internet, a connection to the Internet, and a browser enabling the display of websites, e.g. Internet Explorer versions 5.5 and higher, or Opera versions 7 and higher, or Firefox versions 1 and higher, or Google Chrome versions 5.0 and higher, or Safari 5 or higher, with cookies enabled, supporting SSL encrypted connections, and JavaScript, having an active e-mail account to use individual Services and a program that reads PDF (Portable Document Format) files.
2. The Service Provider reserves the right to change the technical requirements for providing services electronically.
3. The Service Provider is not responsible for the Customer's failure to comply with the technical requirements listed in the Regulations.
4. The Service Provider reserves that the use of electronic services may involve technical risks typical of the use of IT systems. Customers should protect their electronic connections and devices against unauthorized access, in particular by installing anti-virus software.

§ 9. NEWSLETTER

1. The Newsletter service is free of charge and involves sending information and promotional content prepared by the Service Provider.
2. The Newsletter is made available to Users by the Service Provider upon their express request and free of charge - at no stage will the User be obliged to bear the costs of the Newsletter, apart from the costs resulting from the use of means of distance communication (in particular the cost of Internet access), which the User bears on your own.
3. The User's use of information and promotional content (Newsletter) takes place on the terms set out in these Regulations and in accordance with the Act on Providing Services by Electronic Means and the Act on Consumer Rights and is equivalent, after expressly accepting this fact when registering an e-mail address on the Website. , That:
   1. the User submitting a declaration of acceptance of all provisions of these Regulations and the Privacy Policy;
   2. the User consents to receiving the Newsletter immediately.

4. The User may unsubscribe from the Newsletter Service at any time.
5. The newsletter contains information and promotional content regarding the Website, the Service Provider and the Goods offered as part of the Online Store.
6. Receiving the Newsletter by the User requires the following activities (all conditions must be met jointly):
   1. the User's acceptance of the provisions of these Regulations and the Privacy Policy;
   2. the User consents to the Service Provider processing the User's personal data for purposes related to the use of the Newsletter.

Consents referred to in points 1) and 2) are expressed by clicking the appropriate field when providing the e-mail address in the Newsletter form on the Website.

7. After the User agrees to receive the Newsletter, the Service Provider sends the User confirmation of the conclusion of the contract by e-mail, which means that an agreement for the provision of electronic services is concluded between the parties for an indefinite period. Consent to receiving the Newsletter is tantamount to concluding the Newsletter Delivery Agreement by the User.
8. Consent to sending information and promotional content and the processing of the User's personal data by the Service Provider may be withdrawn by the User at any time by sending an e-mail to the following address: info@smartmonkeylab.pl, which is tantamount to resignation from using the Newsletter service and results in termination of the contract for the provision of this service. Moreover, pursuant to Art. 27 i n. Act on Consumer Rights, a User who is a consumer or an entrepreneur with consumer rights may withdraw from the Newsletter Delivery Agreement without giving a reason, within 14 (fourteen) days from the date of its conclusion.
9. The User is entitled to submit complaints in matters relating to the Newsletter Service on the terms provided for in these Regulations.
   
   § 10. AGREEMENT FOR THE SUPPLY OF DIGITAL GOODS

1. The User may receive Digital Goods available on the Website free of charge - provided that the Newsletter Delivery Agreement is concluded;
2. If you wish to receive the Digital Goods free of charge, the User should do the following:
   1. enter the website of the Service;
   2. enter the tab of the selected Digital Goods;
   3. enter your e-mail address in the form that appears;
   4. it is obligatory to check the checkbox when declaring consent to receive the Newsletter, reading the Regulations and Privacy Policy and accepting their provisions;
   5. confirm your consent to receiving the Newsletter.
3. Confirmation of consent to receive the Newsletter is tantamount to the conclusion by the User:
   1. Agreements for the supply of Digital Goods and;
   2. Newsletter delivery agreements.
4. The provisions of § 9 of the Regulations apply to the Newsletter Delivery Agreement concluded in accordance with the provisions of this § 10.
5. Termination of the Newsletter Delivery Agreement or withdrawal from it after the delivery of the Digital Goods does not affect the validity and effectiveness of the Digital Goods Delivery Agreement concluded in accordance with the provisions of this § 10.
6. Withdrawal from the Agreement for the supply of Digital Goods requires the User to submit a declaration of withdrawal to the Service Provider. The declaration referred to in the preceding sentence may be sent by e-mail to the address indicated in § 1 section 1 of the Regulations.
7. The provisions above apply only to Users who are consumers or entrepreneurs with Consumer rights.

§ 11. LICENSE

1. Upon delivery of the Digital Good to the User, the Service Provider grants the User a non-exclusive license to use this Digital Good under the terms and conditions specified in the Regulations (hereinafter referred to as the "License").
2. The license is granted for an indefinite period.
3. The license entitles the User to use the Digital Goods only in the following fields of use:
   1. saving in the memory of electronic devices belonging to the User
   2. playing and viewing the Digital Goods;
   3. reproducing the Digital Goods, but only to the extent justified by the User's personal needs.
4. The User may use the Digital Goods and the knowledge and tips contained therein in his private life. However, the license does not authorize the User to make the Digital Goods available to persons who do not belong to the group of persons listed in Art. 23 section 2 of the Act of February 4, 1994 on copyright and related rights. Sharing Digital Goods with the persons indicated in the preceding sentence requires the prior consent of the Service Provider.
5. The license does not entitle the User to grant further licenses.
6. The User's use of the Digital Goods in violation of the terms of the License constitutes an infringement of the Service Provider's proprietary rights, entitling the Service Provider (depending on the nature of the violation) to bring claims against the User in court proceedings.

§ 12. COPYRIGHT AND RELATED RIGHTS

1. The copyright and related rights to the Website as a whole and its individual parts, graphic, verbal or musical elements, as well as the rights to the composition of these elements and their arrangement on the Website are vested in the Service Provider.
2. The Customer is not entitled to use or exploit the materials made available on the Website in whole or in part without the separate consent of the Service Provider, in particular the Customer has no right to download, save on data carriers, copy or modify in any way the materials posted on the Website.
3. Using materials posted on the Website in a manner inconsistent with the provisions of these Regulations will constitute a violation of the rights of the Service Provider.
4. The Customer undertakes in particular to respect the proprietary rights and rights arising from the registration of inventions, patents, trademarks, utility models and industrial designs of the Service Provider.
5. The Customer declares that all content posted by him on the Website does not infringe any copyright or personal rights of third parties.

§ 13. COMPLAINT PROCEDURE

1. The User has the right to submit a complaint if the Services provided for in the Regulations are not provided or are provided contrary to the provisions of these Regulations. Complaints should be submitted in writing to the following address: Al. Włókniarzy 234a, 90-556, Łódź or in electronic form to the e-mail address info@smartmonkeylab.pl.
2. A correctly submitted complaint will be considered within 14 days from the date of its receipt. This deadline may be extended if consideration of the complaint requires obtaining special information or encounters other difficulties beyond the Service Provider's control or if it is necessary to obtain additional information from the Customer. The time the Customer provides additional information each time extends the complaint processing time.
3. The Service Provider reserves the right not to respond to an obviously unfounded complaint, in particular to the extent that the complaint has already been considered in relation to a given Customer.
4. Sending a complaint by the Customer in electronic form is tantamount to consenting to receiving a response from the Service Provider also in electronic form.

§ 14. FINAL PROVISIONS