Account Terms and Conditions of the online Shop Annabelle Minerals

This document sets out the rules for creating, managing, and deleting a customer account in the Annabelle Minerals online store and defines the related rights and obligations of the Customer and the Service Provider.

Article 1 – DEFINITIONS

Account – a digital service within the meaning of the EU Consumer Rights Directive, provided electronically and free of charge by the Service Provider to the Customer, allowing access to additional functions in the Shop.
Consumer – a natural person who has entered into a contract for the operation of the Account or takes steps to do so, without a direct link to their trade or professional activity.
Entrepreneur with consumer rights – a natural person entering into a contract for the Account, directly related to their business, but without a professional character for that business, in line with EU consumer law.
Terms and Conditions – these Account Terms and Conditions.
Shop – the online store operated by the Service Provider at https://www.annabelleminerals.com.
Customer – any person or entity who has entered into, or intends to enter into, a contract for the operation of an Account.
Privileged Customer – a Customer who is either a Consumer or an Entrepreneur with consumer rights.
Service Provider – BLM Spółka z ograniczoną odpowiedzialnością (BLM Sp. z o.o.), with its registered office at ul. gen. Stanisława Maczka 9, 43-300 Bielsko-Biała, Poland, entered in the National Court Register (KRS No. 0000472024), EU VAT ID: PL9372667053, REGON: 243335940, share capital PLN 5000.00; BDO: 000037094.
Consumer Rights Act – the Polish Act of 30 May 2014 on Consumer Rights (Journal of Laws 2014, item 827, as amended), implementing Directive 2011/83/EU.

Article 2 – CONTACT WITH THE SERVICE PROVIDER

Correspondence and returns addresses:
- Bulgaria / Greece: BLM Sp. z o.o. – Bigarena Fulfillment S.R.L., Olza Logistic, Goliamokonarsko shose 29, 4204 Plovdiv, Bulgaria
- Croatia: OLZALOGISTIC – BLM Sp. z o.o., Božidara Adžije 23/2, 10000 Zagreb, Croatia
- Slovenia: GEX – Frogman / OLZALOGISTIC – BLM Sp. z o.o., Miklavška cesta 59A, 2311 Hoče, Slovenia
- Lithuania: Returns Venipak TM, Vilniaus pl. 8, LT-94105 Klaipeda, Lithuania
  Olza Logistic – BLM Sp. z o.o.
  Phone (warehouse only, not for customer service): +370 700 55 221
- Latvia: Returns Venipak TM, Mārupe, Kalniņi B, LV-2167 Riga, Latvia
  Olza Logistic – BLM Sp. z o.o.
- Estonia: Returns Venipak TM, Savi 20, EE-80040 Pärnu, Estonia
  Olza Logistic – BLM Sp. z o.o.
- Other EU countries: BLM Sp. z o.o., ul. gen. Stanisława Maczka 9, 43-300 Bielsko-Biała, Poland
E-mail: ask@annabelleminerals.com
Telephone: +48 533 265 783
The cost of phone calls or data transmissions made by the Customer is based on the standard rates of their telecommunications or Internet service provider. The Service Provider notes that international calls or transmissions may incur higher costs depending on the Customer’s operator.

Article 3 – TECHNICAL REQUIREMENTS

For the correct functioning and creation of an Account, the following are required:
- an active e-mail account,
- a device with Internet access,
- a web browser supporting JavaScript and cookies.

Article 4 – ACCOUNT

The creation of an Account is entirely voluntary and dependent on the Customer’s decision.
The Account provides the Customer with additional functionalities, such as viewing their order history in the Shop, checking order status, or editing Customer data independently.
To create an Account, the Customer must fill in the appropriate form in the Shop.
When an Account is created, an agreement for an indefinite period is concluded between the Customer and the Service Provider for the operation of the Account under these Terms and Conditions.
The Service Provider shall begin providing the Account operation service immediately after concluding the agreement, in accordance with the Terms and Conditions.
The Customer may cancel the Account at any time without incurring any costs.
Deleting the Account results in the termination of the agreement for its operation. To delete the Account, the Customer must send a resignation notice to the Service Provider’s e-mail address indicated in Article 2 of these Terms and Conditions. The Account will then be deleted without undue delay, and the agreement for the Account’s operation will be terminated.

Article 5 – COMPLAINTS

I. GENERAL PROVISIONS

The Service Provider requests that complaints concerning the Account be submitted to the postal or electronic address indicated in Article 2 of these Terms and Conditions.
The Service Provider shall respond to a complaint within 14 days from the date of its receipt.

II. PRIVILEGED CUSTOMERS

The Service Provider shall be liable to the Privileged Customer for the conformity of the service with the contract as provided for by generally applicable laws, in particular the provisions of the EU Consumer Rights Directive as implemented in the national laws of the Member States.
In the event of improper performance of the Account operation agreement by the Service Provider, the Privileged Customer may exercise the rights set out in Chapter 5b of the Polish Consumer Rights Act, corresponding to Directive (EU) 2019/770 on digital content and digital services.
If the Service Provider has not supplied the digital service, the Privileged Customer may request delivery. If, despite the request, the Service Provider fails to supply the digital service immediately or within an expressly agreed additional time, the Privileged Customer may withdraw from the agreement for the operation of the Account.
The Privileged Customer may withdraw from the agreement for the operation of the Account without requesting delivery of the digital service if:
1. it is evident from the Service Provider’s statement or circumstances that the digital service will not be provided, or
2. the Privileged Customer and the Service Provider have agreed, or it is clear from the context of the agreement, that a specific delivery time was of essential importance to the Privileged Customer, and the Service Provider failed to meet that time.
The Service Provider shall be liable for any lack of conformity of the continuously supplied digital service with the agreement for the operation of the Account that occurred or became apparent during the period in which the digital service was to be supplied under the agreement.
If the digital service does not conform to the agreement for the operation of the Account, the Privileged Customer may demand that it be brought into conformity with the agreement.
In the event of non-conformity, the Privileged Customer shall cooperate with the Service Provider to a reasonable extent, using the least burdensome technical means available, in order to determine whether the non-conformity results from the characteristics of the Privileged Customer’s digital environment.
Additionally, if the digital service remains non-conforming with the agreement, the Privileged Customer may declare withdrawal from the agreement when:
1. bringing the digital service into conformity is impossible or would incur excessive costs in accordance with Article 43m(2)–(3) of the Polish Consumer Rights Act (implementing EU Directive 2019/770);
2. the Service Provider fails to bring the digital service into conformity within a reasonable time after being notified of the lack of conformity and without undue inconvenience to the Privileged Customer, taking into account the nature and purpose of the digital service;
3. the non-conformity persists despite attempts by the Service Provider to bring the digital service into conformity with the agreement;
4. the non-conformity is so significant that it justifies withdrawal without prior use of the remedy specified in Article 43m of the Polish Consumer Rights Act (i.e. a request to restore conformity);
5. it is evident from the Service Provider’s statement or circumstances that conformity will not be restored within a reasonable time or without undue inconvenience to the Privileged Customer.

III. OUT-OF-COURT COMPLAINT AND REDRESS MECHANISMS

The Service Provider informs the Consumer of the possibility of using out-of-court complaint and redress mechanisms. Rules for access to these procedures are available at the offices or on the websites of entities authorised for out-of-court dispute resolution.

A Consumer may use, among others, the assistance of the relevant European Consumer Centre within the European Consumer Centres Network (ECC-Net). The Centres provide information on consumer rights and assist in resolving disputes in the case of cross-border purchases. ECC-Net assistance is generally free of charge. A list of Consumer Centres by country is available here: European Consumer Centres Network

In addition, Consumers residing in Poland may contact:
- the Voivodeship Inspectorate of Trade Inspection for mediation – applications are generally free of charge (uokik.gov.pl),
- the competent permanent consumer arbitration court operating at the Voivodeship Inspectorate of Trade Inspection – proceedings are generally free of charge (uokik.gov.pl).
The above information is for reference only and does not oblige the Service Provider to participate in out-of-court procedures.
The use of out-of-court complaint and redress mechanisms is voluntary for both the Service Provider and the Consumer.
The Consumer may also obtain free assistance from the municipal or district consumer ombudsman in Poland.

Article 6 – RIGHT TO WITHDRAW FROM THE CONTRACT

The Privileged Customer has the right to withdraw from the agreement for the operation of the Account concluded with the Service Provider within 14 days, without providing any reason.
The withdrawal period shall expire 14 days after the date of conclusion of the agreement.
To exercise the right of withdrawal, the Privileged Customer must inform the Service Provider, using the contact details provided in Article 2 of these Terms and Conditions, of their decision to withdraw from the agreement by means of an unambiguous statement (for example, a letter sent by post or e-mail).
The Privileged Customer may use the model withdrawal form provided at the end of these Terms and Conditions; however, this is not mandatory.
To meet the withdrawal deadline, it is sufficient for the Privileged Customer to send information regarding the exercise of the right of withdrawal before the withdrawal period has expired.

Article 7 – PERSONAL DATA

The Service Provider is the controller of the personal data provided by the Customer in connection with the conclusion and execution of the Account operation agreement. Detailed information regarding the processing of personal data by the Service Provider – including other purposes and legal bases for processing, as well as data recipients – can be found in the Privacy Policy available in the Shop, in accordance with the transparency principle set out in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR).
The purpose of processing the Customer’s data is to maintain and operate the Account. The legal basis for processing personal data in this case is the agreement for the operation of the Account or actions taken at the Customer’s request prior to its conclusion (Article 6(1)(b) GDPR), and the legitimate interest of the Service Provider in processing data for the establishment, exercise, or defence of possible claims (Article 6(1)(f) GDPR).
The provision of personal data by the Customer is voluntary but necessary for concluding and performing the agreement for the operation of the Account. Failure to provide personal data will result in the impossibility of concluding the agreement and providing the related digital services.
The Customer’s personal data will be processed until:
1. the agreement for the operation of the Account ceases to be in force;
2. the expiry of the limitation period for potential claims of the Customer or the Service Provider related to the Account;
3. an objection by the Customer to the processing of their data is accepted – if the processing was based on the Service Provider’s legitimate interest,
depending on which occurs later.
The Customer has the right to:
1. access their personal data,
2. rectify their personal data,
3. delete their personal data,
4. restrict the processing of their personal data,
5. transfer their personal data to another controller,
6. object at any time – on grounds relating to their particular situation – to the processing of their personal data based on Article 6(1)(f) GDPR (i.e. on the legitimate interests pursued by the Service Provider).
To exercise these rights, the Customer should contact the Service Provider using the contact details indicated in Article 2 of these Terms and Conditions.
If the Customer believes that their personal data is being processed unlawfully, they have the right to lodge a complaint with the competent supervisory authority for personal data protection in their Member State of habitual residence, place of work, or place of the alleged infringement. In Poland, this authority is the President of the Personal Data Protection Office.

Article 8 – AMENDMENTS TO THE TERMS AND CONDITIONS OR TO THE ACCOUNT

The Service Provider reserves the right to amend these Terms and Conditions only for important reasons. An important reason shall be understood as the need to amend the Terms and Conditions resulting from:
1. a change in the functionality of the Account requiring modification of the Terms and Conditions, or
2. a change in legal provisions affecting the implementation of the agreement for the operation of the Account by the Service Provider, or the need to adapt services to recommendations, guidelines, orders, prohibitions, decisions, or interpretations of competent public authorities, or
3. a change in the contact or identification details of the Service Provider.
Information on planned amendments to the Terms and Conditions shall be sent to the Customer’s e-mail address associated with their Account at least seven (7) days before the amendments take effect.
If the Customer does not object to the planned amendments before their effective date, it is deemed that they have accepted them. This does not preclude termination of the agreement in the future.
If the Customer does not accept the planned amendments, they should notify the Service Provider via the e-mail address specified in Article 2 of these Terms and Conditions. This will result in the termination of the agreement for the operation of the Account upon the effective date of the planned amendments.
The Service Provider may modify the Account in ways not necessary for maintaining its conformity with the agreement, for reasons referred to in paragraph 1(b) or due to changes in its functionality. Such modifications will not involve any costs for the Privileged Customer. Paragraphs 2–4 shall apply accordingly.
If a modification referred to in paragraph 5 significantly and adversely affects the Privileged Customer’s access to or use of the Account, the Service Provider shall send advance notice to the Privileged Customer’s e-mail address on a durable medium, containing information about the scope and date of the modification and the Customer’s rights related thereto.

Article 9 – FINAL PROVISIONS

The Customer is prohibited from providing unlawful content.
The agreement for the operation of the Account is concluded in English.
The agreement concluded on the basis of these Terms and Conditions shall be governed by Polish law, subject to paragraph 4.
The choice of Polish law for agreements concluded with Consumers under these Terms and Conditions shall not exclude or limit any rights that Consumers enjoy under the mandatory laws of their country of residence. If such national laws provide for stronger consumer protection, those provisions shall prevail.
In the event of a dispute with a Customer who is not a Privileged Customer, arising from the Account operation agreement, the competent court shall be the one having jurisdiction over the Service Provider’s registered office.
Nothing in these Terms and Conditions excludes or limits the rights of the Consumer arising from the applicable law.
A natural person concluding or intending to conclude an agreement for the operation of the Account that is directly related to their business activity, but which is not of a professional nature for that person, shall be treated as a Consumer. This does not apply to the provisions set out in Article 5 (Section III – Out-of-court complaint and redress mechanisms) or paragraph 4 of this Article.
The use of the Shop’s website and its functionalities is subject to the Website Terms and Conditions, available within the Shop.

Appendix No. 1 to the Terms and Conditions

Below is a model withdrawal form that the Consumer or Privileged Customer may, but is not obliged to, use.

MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the agreement)

To:
BLM Spółka z ograniczoną odpowiedzialnością (BLM Sp. z o.o.)
ul. gen. Stanisława Maczka 9, 43-300 Bielsko-Biała, Poland
E-mail: ask@annabelleminerals.com

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

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

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– Date of contract conclusion / order placement ^(*)

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– Name(s) of Consumer(s) / Privileged Entrepreneur(s):

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– Address of Consumer(s) / Privileged Entrepreneur(s):

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Signature of Consumer(s) / Privileged Entrepreneur(s)
(only if this form is sent on paper)

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

(*) Delete as appropriate.