§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right of withdrawal from a contract concluded at a distance, referred to in § 7 of the Terms and Conditions, does not apply to a contract:
1. in which the subject of performance is a non-refabricated good, produced according to the specifications of a privileged Buyer or serving to meet his individualized needs;
2. in which the subject of the performance is goods that are subject to rapid deterioration or have a short shelf life;
3. in which the subject of performance is goods delivered in sealed packaging that cannot be returned after opening the packaging for health or hygiene reasons, if the packaging has been opened after delivery;
4. in which the subject of performance are goods, which after delivery, due to their nature, are inseparably combined with other things;
5. in which the subject of performance is sound or visual recordings or computer programs delivered in sealed packaging, if the packaging has been opened after delivery;
6. for the supply of newspapers, periodicals or magazines, except for a subscription contract;
7. in which the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiration of the deadline for withdrawal from the contract.

§ 9 COMPLAINTS

I GENERAL PROVISIONS

1. The Seller shall be liable to the privileged Buyer for compliance of the performance with the contract, as provided for by generally applicable laws, including in particular the provisions of the Consumer Rights Act.
2. The Seller requests that complaints (including those regarding the operation of the Store) be submitted to the postal or electronic address indicated in § 2 of the Regulations.
3. If a warranty has been granted for the product, information about it, as well as its terms, is available in the Store.
4. The Seller will respond to the complaint within 14 days of its receipt.

II PREFERRED BUYERS

     Goods

1. 1. In the event of non-conformity of the goods with the contract, the Privileged Buyer has the option of exercising the rights set forth in Section 5a of the Consumer Rights Act.
   2. The Seller shall be liable for the non-conformity of the goods with the contract, existing at the time of delivery and disclosed within two years from that time, unless the shelf life of the goods, as determined by the Seller, its legal predecessors or persons acting on their behalf, is longer.
      
      1. replacement of the goods,
      2. repair of the goods.
      3. In addition, the Preferred Buyer may make a statement about:
         
         1. reduce the price,
         2. withdraw from the contract
      4. in a situation where:
         
         • The seller has refused to bring the goods into conformity with the contract in accordance with Article 43d(2) of the Consumer Rights Law;
         • The Seller has failed to bring the goods into conformity with the contract in accordance with Article 43d Paragraphs 4-6 of the Consumer Rights Law;
         • the lack of conformity of the goods with the contract continues, even though the Seller has tried to bring the goods into conformity with the contract;
         • the lack of conformity of the goods with the contract is so significant that it justifies a reduction of the price or withdrawal from the contract without first using the means of protection specified in Article 43d of the Consumer Rights Act;
         • it is clear from the Seller's statement or the circumstances that he will not bring the goods into conformity with the contract within a reasonable time or without undue inconvenience to the privileged Buyer.
      5. In the case of goods subject to repair or replacement, the Preferred Buyer shall make the goods available to the Seller. The Seller shall collect the goods from the privileged Buyer at his own expense.
      6. The privileged Buyer may not withdraw from the contract if the lack of conformity of the goods with the contract is insignificant.
      7. In the event of withdrawal from the contract referred to in this section (concerning goods), the Privileged Buyer shall immediately return the goods to the Seller at the Seller's expense, to the address of Jaroslaw Iwaszkiewicza 31/11 Street, 10-089 Olsztyn. The Seller shall return the price to the privileged Buyer immediately, no later than within 14 days from the date of receipt of the goods or proof of their return.
      8. The Seller shall return to the privileged Buyer the amounts due as a result of exercising the right to reduce the price immediately, no later than within 14 days from the date of receipt of the privileged Buyer's statement on price reduction.Pursuant to the provisions of the Law on Consumer Rights, in case of non-conformity with the contract, the privileged Buyer may demand

Out-of-court ways of handling complaints and pursuing claims

1. The Seller shall inform the Consumer about the possibility of using out-of-court procedures for handling complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorized to handle disputes out of court. The consumer may use, among others:
• the assistance of the relevant European Consumer Center from the Network of European Consumer Centers. The centers provide information on consumer rights and help resolve disputes in the case of cross-border purchases. The assistance of the European Consumer Centers is, as a rule, free of charge. A list of country-specific Consumer Centers can be found at: https://konsument.gov.pl/eck-w-europie/
• the Online Dispute Resolution (ODR) platform provided by the European Commission, available at: https://ec.europa.eu/consumers/odr
  
  In addition, the following forms of support are available in the Republic of Poland:

1. • mediation conducted by the locally competent Provincial Inspectorate of Trade Inspection, to which one should apply for mediation. As a rule, the proceedings are free of charge. The list of Inspectorates can be found here: https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php
   • assistance of a locally competent permanent conciliatory consumer court operating at the Provincial Inspectorate of Trade Inspection, to which a request for consideration of the case before the conciliatory court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at: https://uokik.gov.pl/stale_sady_polubowne.php
2. The preceding provision is for information purposes and does not constitute an obligation on the part of the Seller to use out-of-court dispute resolution.
3. The use of out-of-court ways to resolve complaints and claims is voluntary for both the Seller and the Consumer.
4. The Consumer may additionally use the free assistance of the municipal or district consumer ombudsman.

III BUYERS OTHER THAN PREFERRED BUYERS

1. For the avoidance of doubt, the Seller notes that the provision of § 11.7 shall apply to the Seller's liability to a Buyer other than a Priority Buyer related to a complaint.

§ 10 PERSONAL DATA

1. The administrator of the personal data provided by the Buyer while using the Store is the Seller. Detailed information about the processing of personal data by the Seller - including other purposes and grounds for data processing, as well as recipients of the data - can be found in the privacy policy available at the Store - due to the principle of transparency, contained in the General Regulation of the European Parliament and of the Council (EU) on data protection - “RODO”.
2. The purpose of the processing of Buyer's data by the Seller, provided by the Buyer in connection with purchases in the Store, is the execution of orders. The basis for processing personal data in this case is:
• the contract or actions taken at the request of the Buyer aimed at its conclusion (Article 6(1)(b) RODO),
• Seller's legal obligation related to accounting (Article 6(1)(c) RODO), and
• the legitimate interest of the Seller, consisting in the processing of data for the purpose of establishing, investigating or defending possible claims (Article 6(1)(f) RODO).
3. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of a contract in the Store.
4. Buyer's data provided in connection with purchases in the Store will be processed until:- whichever is applicable.
1. the contract concluded between the Buyer and the Seller ceases to be in force;
2. there ceases to be a legal obligation on the Seller, obliging him to process the Buyer's data;
3. the possibility of pursuing claims by the Buyer or the Seller, related to the contract concluded by the Store, will cease;
4. Buyer's objection to the processing of his personal data will be accepted - in the case where the basis for data processing was the legitimate interest of the Seller
5. The buyer has the right to request:
1. access to his/her personal data,
2. their rectification,
3. deletion,
4. restriction of processing,
5. transfer of data to another administrator
6. as well as the right to:
7. object at any time to the processing of data for reasons related to the Buyer's particular situation - to the processing of personal data concerning him/her, based on Article 6(1)(f) of the RODO (i.e. on the legitimate interests pursued by the Seller).
6. In order to exercise their rights, the Buyer should contact the Seller using the data in § 2 of the Regulations.
7. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Office for Personal Data Protection.

§ 11 RESERVATIONS

The Buyer is prohibited from providing content of an illegal nature.

Each order placed in the Store constitutes a separate agreement and requires separate acceptance of the Regulations. The agreement is concluded for the time and for the purpose of fulfilling the order.

All agreements concluded on the basis of these Regulations are subject to the provisions of Polish law, subject to paragraph 4.

The choice of Polish law for agreements concluded on the basis of the Regulations with the Consumer does not waive or limit the rights of this Buyer, which are granted to him on the basis of mandatory provisions of law, which are applicable to the Consumer in situations where there is no choice of law. This means in particular that if the national regulations applicable to a given Consumer provide for broader protection than that resulting from these Regulations or Polish law - this broader protection shall apply.

Agreements concluded on the basis of the Regulations are concluded in Polish.

In the event of a potential dispute with a Buyer who is not a privileged Buyer, related to the agreement concluded via the Store, the competent court will be the court competent for the Seller's registered office.

Any liability of the Seller towards a Buyer who is not a privileged Buyer, under a contract concluded via the Store - to the extent permitted by law - is excluded.

Annex No. 1 to the Regulations

Below is a sample form for withdrawal from the agreement, which the Consumer or Privileged Entrepreneur may, but does not have to, use:

SAMPLE FORM FOR WITHDRAWAL FROM THE AGREEMENT

(this form should be completed and returned only if you wish to withdraw from the agreement)

LABB PROSTA SPÓŁKA AKCYJNA

ul. Jarosława Iwaszkiewicza 31/11, 10-089 Olsztyn

e-mail address: info@bioscaling.com

- I/We(*) ............................................................. hereby inform/inform(*) about my/our withdrawal from the contract of sale of the following goods(*) / provision of the following service(*):

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- Date of conclusion of the contract(*)/receipt(*)

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- Name and surname of the Consumer(s) / Privileged Entrepreneur(s):

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- Address of the Consumer(s) / Entrepreneur(s) privileged person(s):

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Signature of the privileged consumer(s) / entrepreneur(s)

(only if the form is sent in paper form)

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

(*) Delete where not applicable.