The Rules of the B2B online store Lemoniade.com
effective from June, 1th 2018

I. I. GENERAL INFORMATION
The Administrator - LEMONIADE.COM (futher LEMONIADE) is run by MS Factory Sp. z o.o., located in Gliwice (44-100), Toszecka 102 local 410, entered to Register of Enterprises KRS by District Court in Gliwice: KRS: 0000725231, NIP: 9691630807, REOGN: 369823342, e-mail: sklep@lemoniade.com , phone: +48 690248666 (the cost of calls by the operator). Telephone contact is possible on business days from 8.00 A.M. to 4.00 P.M.
The Store - run by the Administrator ICT platform in form of Customer Panel https://www.wspolpraca.lemoniade.pl, which allows Business Users (running business activity and buying goods in the Store for business activity or occupational activity) equipped with the appropriate terminal to become familiar with the Goods offered by the Administrator, and the conclusion of sales contracts and service contracts using ICT link and e-mail (without certified, qualified electronic sign)
The User - a natural person, legal person, an organizational unit without legal personality, which uses the Store, buying the goods or services in the Store in the name of running business or occupational activity.
This Regulations doesn’t include Users, who are Consumers, for who Administrator runs the separate shop.

II. TECHNICAL REQUIREMENTS
2.1. Placing an order is possible provided that the ICT system used by the User following minimum technical requirements end device: A PC or Mac with a processor: 1 Ghz, 1 GB of RAM, hard drive, graphics card: 256 MB memory that supports the resolution 1024x768, Windows / Linux / OSX, the browser displays the HTML and Internet access.
2.2. The user can also place orders using a mobile device, such as tablet or smartphone, which is capable of displaying pages in HTML and can maintain the Internet connection. For ordering User must have access to the Internet. The costs of access to the Internet dependens on the Internet service provider, and the use of infrastructure Store does not involve the user side of the additional charges on the side of the shop.

III. ORDER FULFILLMENT
3.1. As a part of actions of the Store, the Administrator offers to sell goods users, after registration, registration of User’s Account and placing an order.
3.2. The user can place orders 24 hours a day, 7 days a week throughout the year.
3.3. Registration and conclusion of a Contract proceeding following:

1. The Administrator verify User's entrepreneur status
2. After positive verificvation, User gets login and password to the Store and Account Manager. User is informed login data and Account Manager via e-mail, on adress added during registration;
3. After succesfull regustration User gets access to Customer Panel, where User has rights to check goods with speficiation and price.
4. d) User makes an order via mail from User's adress, attached by Account Manager. In the order, User is commited to provide amount and type of goods precisly.
5. agreement is finalize in the moment of order confirmation by Account Manager via e-mail
   In the confirmation, Account Manger leads order realisation date and expected way of payment. In case there's no possibility to realize whole order in one date, Account Manager informes about complication, and User decide about delivery date (whole or split)
6. making and order is unambiguous with making payment, with consideration of payment method, which was choosen in confirmation sent by Account Manager. The Store has the right to demand full payment for the order (goods, service) before realization. In this case User won't be able to demend order cancellation.

3.4. User is obligated to make an order fully and with actual status.
3.5. It's out of the question to cancel the agreement by the User, unless The Store or Account Manager will agree for that. Administrator reserves the possiblity of verify the order via phone. Lack of confirmation of making an order means, order couldn't be realized.
3.6. The Administratior reserves rights to verify the order and its annulment in case of doubts to honesty of the order (f.e. User's identity, lack of payment for last order etc.). The Administrator has the right to demend confirmatory documents as active enterpreneur.
3.7. Realization of the order will start in the date gave by Account Manager.
3.8. Prices included in the Shop offer are in Polish Zlotych (PLN) and don't include VAT (net price). Given prices doesn't include shipping fee, which will be given in order confirmation.
3.9. Store reserves the rights to change the prices included in the offer, without former information. Prices change doesn't include confirmated orders
3.10. In case of goods fetched especially for the User, realization time might be extended about 4 weeks. To realization time, you need to add shipping time, realise by freight forwarder or courier (up to 10 days). Order composed from goods with diffrent realization time will be sent after reconciled with User via mail. In case of lack of coordination, shipping will be made after completing whole order, it means – after the longest realization time. For User's special whish, there's possibility to multiple shipping with avaliable goods. The User held extra shipping fee.
3.11. In case of promotion, Store can suspend shipping fee or make a special (better) conditions, by informing about changes at Store's websites.
3.12. Every transaction is confirmed with invoice. There'll be tax add to net price.
3.13. Payment can be made to Administrator's account by COD, advance payment or e-payment. The store has rights to decide about payment method and to inform User in the order confirmation. Administrator (Store) can give trade credit, which can be called off in anytime without any reason. The Store has rights to withold with order realization untill getting the payment.
3.14. User empowers the Store to send the invoice via e-mail, without exspositor's sign, in PDF.
The agreement is contained in name of article art. 2 pkt 32, art. 106 m, art. 106 n and art. 112a enactment from day 11th March 2004 , about tax and services [t.j. Dz.U. z 2011 r. nr 177, poz. 1054 z późn. zm.] (farhter: „VAT enactment”). User – invoice receiver decleare acceptation of Store's – Invoice expositor, electronic way of invoices expositions (included adjusted invoice and invoice duplicate) in the name of VAT enactment and agree to sending invoices in PDF via e-mail, without delivery the orignal, paper invoice via post.
The Store declares invoice's background authenticity, content itegrity and readability. Store declares, that invoices will be sent from biuro@lemoniade.com to user's adress given in the Store system or via mail.
Immediately after getting adjusted invoice User is obligated to confirm getting it via Store mail, provided above. Sides are obligated to inform eachother about changing data determined in this document not further than 5 days after via mail.
User can retreat declaration made in this paragraph, by making written statement to the Administrator, consequently User will lose the right to getting e-invoices after 5 days of receving the declaration by Administrator, unless User will indicate diffrent date. In this case, Administrator has the rights to request extra fee for sending invoice via post.

3.15 Cooperation based on dropshipping:
 

1.  Dropshipping can be sent directly to the customer, the store sends the goods via courier provided by the Store or customer courier. When ordering, please specify the shipping method;
2. A net fee of  2 PLN is added to each dropshipping shipment;    
3. In dropshipping shipments, the Store does not send cash on delivery parcels;    
4. The store only sends the product, shipping the receipt is on the side of the customer;    
5. With drophipping cooperation, the Store does not accept returns and exchanges;

IV. COMPLAINTS
4.1. If the sold item has got a defect, the User can:

1. make a statement about the price reduction or withdrawal from the contract, unless the Administrator promptly and without undue inconvenience for the User replace the faulty item for free from defects or remove the defect. Reduced price should be in proportion to the price resulting from the agreement in which the value of things remains a drawback to the value of things without drawbacks. The User may not terminate the contract if the defect is irrelevant;
2. If the User is a Consumer, instead of proposed by the Administrator defects removal, require exchange things for free from defects or instead of exchanging things require removal of defects, unless bringing things into compliance with the agreement in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the method proposed by the Administrator. When assessing the redundancy of the costs it's included the value of the goods free of defects, the nature and the importance of the defect, and also the inconvenience the Consumer otherwise meet.

4.2. The User can submit complaints using the quick contact form, by e-mail, telephone or by mail address:
LEMONIADE.PL, ul. Toszecka 102 pok.410, 44-100 Gliwice with a note "complaint"
4.3. Notification of complaint should include a description of the complaint and proof of purchase product coplainted in the store (eg. a copy of the receipt, confirmation of payment from the bank account, number of transactions, etc.) and the statement referred to paragraph ... At the same time in case of complaint the product should be sent to the Store mail address. Within fourteen (14) days the Store shall refer to the complaint to the Purchaser and notify about further proceedings.

V. PERSONAL DATA
5.1. The provisions of this section apply only to Users who are natural persons.
5.2. User by making the order, single-handedly and voluntarily the personal data: name and surname, e-mail, phone numer, the date of birth, IP numer in the registration form of the Shop or the personal data, which have been shared in Facebook.com or Google.com. Enter the data by the user is voluntarily, however the lack of the data infispose the realization of the order. Legal basis to processing by the Administrator is necessary of processing to fullifie the agreement (GDPR, art. 6 ust. 1 lit. b), and in , and in the field of optional data - the legal basis for processing is consent (art. 6 ust. 1 lit. a) GDPR) .
5.3 The store also processes Users' data:

1. for analytical and statistical purposes - the legal basis for processing is the Administrator's legitimate interest (Article 6 (1) (f) of the GDPR), consisting in analyzing the Users' activity on the Website and how to use the account, as well as their preferences, in order to improving the functionalities used;
2. in order to potentially fix, investigate or defend against claims - the legal basis of the processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the GDPR) to protect its rights;
3. for marketing purposes of the Administrator and other entities - the legal basis of the processing is the legitimate interest of the Administrator (Article 6 (1) (f) of the RODO) consisting in the protection of its rights;

5.4. In case of log in to the Account via Facebook or Google, User will choose this form of log in, and Store, after getting the agreement from User, will collect data just within the limits of social media portal, needed to registration and customer service.
5.5 In order to fulfill the order, the Store may provide User's personal data in the scope of name, e-mail, shipping adress and telephone to third parties for the purpose of proper performance of the contract. This consent includes, in particular, transferring data to an intermediary company in the ordering of courier services, postal operators and courier companies in order to send parcels and transfer data to websites that support online payments in order to authorize payments for the purpose and on the terms set out in the regulations for the use of these services.
5.6.The administrator of personal data is the Administrator (as defined in the comparison). Personal data is protected in accordance with applicable law, and from the date of entry into force in accordance with Regulation of the European Parliament and of the Council (EU) 2016/679 of 27 April 2016 and legal acts that will be issued in its implementation.
5.7. The User has the right to inspect their personal data, correct them and demand their limitation or removal. The user also has the right to object to the processing of data, as well as the right to request the transfer of his data.
5.8. The user may at any time withdraw consent to further processing of his personal data. The withdrawal of consent shall not affect the lawfulness of the processing which was carried out on the basis of consent before its withdrawal.
5.9. The User has the right to lodge a complaint about the processing of his data by the Administrator to the President of the Office for Personal Data Protection.
5.10. The User may give additional consent to the processing of his personal data in the scope of: e-mail address, name and surname, telephone number and date of birth for marketing purposes by the Administrator and other related entities, in order to inform him about new goods, promotions and services available in The store, especially in the form of a Newsletter. The user may withdraw this consent at any time.
5.11. The User may express separate consent for the Store to send messages to the e-mail address provided with a request to review the purchased Goods. The user may withdraw this consent at any time.
5.12. To facilitate the use of the website, the mechanism that manages it uses technology known as cookies - information stored by the Store server on the user's computer.The information in question pertains to financial settlements, such as the value and subject of the order as well as confidential credit card details. The cookies technology is not aimed at obtaining any data about people visiting the website nor tracking their navigation. The User may at any time disable the option of accepting cookies in his web browser. However, this may cause some difficulties in using the Store. Detailed rules for the functioning of cookies can be found in our privacy policy.
5.13. The Administrator will store the User's personal data:

1. in the event that the Administrator processes personal data on the basis of consent, the processing period continues until the User withdraws the consent;
2. if the Administrator processes personal data based on the legitimate interest of the controller, the processing period lasts until the cessation of the above-mentioned interest (eg the period of limitation of civil claims) or the moment of opposition of the data subject, further such processing - in situations where such an objection is in accordance with the law;
3. If the Administrator processes personal data, due to applicable law, the periods of data processing for this purpose are determined by these provisions

5.14. Details of the User's data protection can be found in the Privacy Policy.

VI. FINAL PROVISIONS
6.1. In matters not regulated by the Rules, there are applied regulations of the Act on consumer rights, the Civil Code, the Law on copyright and related rights.
6.2. The law applicable to the contract between the User and the Administrator is the Polish law. Any disputes related to the implementation of the agreement shall be settled by the Polish common courts. The Consumer has the opportunity to benefit from extrajudicial way of dealing with complaints and claims of the Permanent Consumer Arbitration Court in Katowice, ul. Albert 4 40-951 Katowice. More information can be found at www.uokik.gov.pl.
6.3. The Store reserves the right to change the Rules. Orders placed before the date of introduction of amendments to the Regulations will be implemented on the basis of the existing rules.
 

Annex 1 – licence agreement B2B
§ 1 SUBJECT OF THE AGREEMENT

1. Presnt licence agreement is valid only for online store for Business Clients, runs at www.lemoniade.com , who aren't consumers and buying goods for further sale (for runs business activity)
2. In name of cooperation, leader of Store – Monika Sadowska, who runs the business activity MS Factory sp. z o.o., with headquater in Gliwice, ul. Toszecka 102 (Author) prepares products photography for Store's Clients (Licence recipient). Photographies show:
   1. clothes delivered to Licence recipient (in diffrent and variatns for example colours, sewings etc.),
   2. model, who presents clothes
3. Author declares:
   1. has full copyrights to the work included in p.2. (photography), on every operation field, because is photographies' author or the photograpies' author disclamied rights for Store's owner;
   2. has the copyrights laws both financials and personal( in case of foreign piece has the rights to use them),
   3. has the rights to use models' image showed on the photos, because has the authorization for using their image and share them to contractor.
4. In the name of present agreement, for duration of cooperation, Author agreed , that Licence Recipient is able to use photos and images included in p.2, given to Licence Recipient in any form (shared via network drive, Store's website, cloud, e-mailing or hard drive)
5. Agreement in p. 4 can be cancelled by the Author in any moment, regardless of further cooperation, without any claims from Licence Recipient. In case of cancelled the agreement, Licence Recipient can't use work from p. 2. Cancallation will be anounced in optional way throught the same comunication channel, Licence Recipient makes orders. Cancallation of agreement can be made via Author's or Store's (Administrator) e-mail to Licence's Recipient (User) e-mail.

§ 2 LICENCE AREA

1. In the name of given licence, Licence Recipient can use works named in § 1 in aim to further disseminating and sharin photographies and people's images only in the name of promotion and products sale (clothes) bought from Author or in the Store for own business activity. Licence Recipient can use works and image through:
   1. broadcasting, saving at the computer's hardrive, multimedia network and computer network, broadcasting via vision and public sharing
   2. multiple entry to computer's memory, computer network, specially Internet, to data base, and any other kind of electronic device;
   3. multiple entry to multimedia networks,
   4. exploitation in the Internet, www websites, messangers, social medias, auction portals (sales of products from the introduction) and any similar media
   5. marking goods encompassed by business cooperation,
   6. using in every single advertising, marketing and promotions actions, (ATL and BTL), indeed direct marketing and interactive, regardless of operation form.
       

§ 3 FINAL PROVISIONS

1. Author is not responsbile for works quality and suitability for Licence Recipient. Granted with the licence is commericial gesture. Author is not responsible for nonperformance and improper obligations followed from this agreement. Author is not responsible for tort damage inflicted to Licence Recipient, unless Author made it with intentional fault.
2. The Parties agree that any disputes arising From this agreement, the courts will give the judgment to the general court, depending on whether it is the District Court in Tychy or the District Court in Katowice.
3. The agreement is in force with Regulation. The agreement can be change with the Regulation.
    

Privacy Policy of LEMONIADE.PL

The owner and administrator of the LEMONIADE.PL (further LEMONIADE) run by MS Factor Sp. z o.o., based in Gliwice (44-100), at ul. Toszecka 102, entered to Register of Enterprises KRS by District Court in Gliwice: KRS: 0000725231, NIP: 9691630807, REOGN: 369823342, e-mail: sklep@lemoniade.pl, phone: +48 690248666 (futher ADMINISTRATOR).

The protection of privacy in the Internet is a very important matter for us, which is why we guarantee the security of your data transmitted when using the Website, especially when placing orders and using user accounts.

In a special way we respect the privacy of every person who visits our websites. Any information collected about you will be used to perform the service you ordered and to improve the quality of our services. We pursue the above goals through appropriate use and protection of information.

For our users we give the possibility of choice, if and how they want to use our service and how they want share informations about themselfs. The majority of our services are available without need of sharing infomrations about yourself; only some services need sharing the right informations.

We ensure security of our User's personal data, by using physical, organizational and hardware protection measures necessary to ensure the security of Personal Data being processed. We provide technical means to prevent the collection and modification of personal data sent electronically by unauthorized persons.

Why do we process your personal data?
We process your personal data, because it's necessary to accomplish the agreement made with you, including:

• setting up and managing your account and entering into transactions;
• making shipments of products ordered by youhandling complaints and returns;
• handling inquiries and applications that you address to us (for example via the contact form);
• transaction security management,
• providing the best customer service

We also process your personal data for the purposes indicated below, based on the legitimate interest of the Administrator which is:

• monitoring your activity in our website
• matching the content according to your preferences, based on previously viewed content of the site, or above all the articles you are interested in;
• conducting marketing activities to get you interested in our services, and to offer you new products,providing payment services,debt collection;
• conducting court, arbitration and mediation proceedings,ensuring proper compliance with tax law and accounting regulations,
• preventing copyright infringements (for example watermark containing your data),
• ensuring the safety of transactions, including the prevention of crimes,
• conducting statistical analyzes,
• storing data for archiving purposes and ensuring accountability (showing compliance with obligations arising from legal provisions),
• organization of competitions, promotional campaigns, building loyalty and partner programs

Your agreement to the processing of personal data will allow us to process your personal data in order to:

• contact via the contact form,
• saving data in cookie files,
• collecting data from websites and mobile applications,
• organization of promotional campaigns and competitions,
• processing of optional data to perform the order,
• sending you information in the form of a newsletter and other commercial information directly to your end devices

The consent granted to the Administrator to the processing of personal data, you can withdraw at any time in the easy way you have expressed it, you can also contact the Administrator through any means of communication. Your data will be processed by the Administrator until the consent is withdrawn.
 

Why do we need your personal data?
We require your personal data to be able to enter into and perform a contract with you, and thus enable us to:

• direct contact with you,
• informing you about the progress of the order,
• informing you about the order shipment,
• informing you about the course of the complaint procedure, return handling,
• informing you about products that may interest you

For this purpose, we will need your email, your adress, and telephone number. If you are our partner or participant in promotional campaigns and contests - perhaps we will also need additional data required due to tax regulations.

Profiling
Your personal data can be processed in automatiation way (in profiling form), however, it will not cause any legal consequences to you or have a similar effect on your situation. Profiling of personal data by the Administrator consists in the processing of these data (also in an automated way), by using them to assess certain information about you, in particular to analyze or forecast personal preferences and interests.

What are your rights due to Administrator in area of the pocessing your personal data?
The Administrator guarantee respecting all your laws, ensuant the General Data Protection Regulation:

• the right to access, rectify and delete your data - if your data is incorrect or incomplete or is not necessary by the Administrator or you withdraw your consent to the processing,
• the right to limit the processing of your data - for the time of clarification, correction and objection - we will not delete your data, but only limit its processing,
• the right to carry them,
• the right to object to the processing of your personal data.
• the right to lodge a complaint to the supervisory body in relation to the processing of your personal data - the President of the Office for Personal Data Protection,

You can object at any time to the processing of your data for direct marketing purposes, including profiling, if the processing takes place in relation to the legitimate interest of the administrator. You can also file an objection at any time for reasons related to your particular situation when processing your data for direct marketing purposes, including profiling, if the processing takes place in relation to the legitimate interest of the administrator
 

Providing your personal data
In special way, we care about security of your personal data, making due diligence to make your data safe. Nevertheless, for your convenience, we use many modern and functional technical solutions that enable you to purchase convenience and provide us with proper customer service. We share this part of your personal data with payment entities, entities supporting postal, courier, logistic services, audit and consulting services, marketing promotions, as well as public authorities dealing with the prosecution of fraud and offenses, and tax control.

How long do we keep your personal data?
We store your personal data no longer than it's needed for the proper quality of service and depending on the mode and purpose of obtaining them we store them:

1. Conclusion of the contract - for the duration of the contract and after its completion for the purposes of:
   • pursuing claims related to the contract
   • performance of obligations resulting from legal provisions, including in particular tax and accounting,
   • preventing abuse or crime
   • statistical and archiving
2. Marketing activities - for the duration of the contract, separate consent for the processing of such data - until the completion of operations related to transaction processing, you object to such processing or withdrawal of consent.
3. Pre-sale and promotional activities - eg contests, promotional campaigns - for the duration and settlement of such shares.
4. Operating activities - until the obligations imposed by the GDPR and relevant national regulations are time-barred, in order to demonstrate the reliability of personal data processing

COOKIES POLICY

• What is the cookies?
Cookies is a small information saved by the server on the user's end device (computer, tablet, smartphone) in the cookie.txt file that our server can read when you reconnect to this computer. Cookies do not contain data allowing your identification, are not made available to third parties, and their reading is possible to be turned off by the server that created them.
On the Website, we use cookie technology to adapt our website to your individual needs. We also use cookies to create statistics that help us understand how our website users use web pages, enabling them to improve their structure and content. Thanks to cookies, we are also able to maintain the user's session (after logging in), which allows you to conveniently use the functionality of our store.
You can agree that the data entered by you will be remembered and you can use them again without re-entering the next time you visit the Website. You can also withdraw your consent at any time. These data will be saved in the form of cookies. This means that your computer will remember them, but only make them available as part of the Website. Owners of other sites will not have access to this data.
 

We use the following cookies:

• necessary cookies files, used to enabling the use of services;
• cookies used to ensure security, for example cookies used to detect fraud in the field of authentication;
• "Performance" cookies,enabling the collect of information on the use of the websites;
• "Functional" cookies files, allowing memorise of settings selected by the User and to personalize the User interface, in the scope of the selected language or region from which the User comes, login and password, which improves the comfort of using the websites;
• "Advertising" cookies, enabling delivery of personalized advertising content to the Users.

If you have problems using our site or you do not agree to the personalization of the website, we suggest disabling cookies in the options of your web browser.
How to change cookies?

• Mozilla Firefox – click here
• Microsoft Internet Explorer - clik here
• Google Chrome - click here
• Opera - click here
• Apple Safari - click here
• on mobile phones, tablets and other mobile devices - we encourage you to read the privacy options on the website of the manufacturer of your mobile device.

Remember, that the correct operation of user accounts as well as the convenience of using our services depends on the cookies enabled.

Practical notes
If you use one computer together with other people, after using the services of the Website to which you must log in - log out so that no one can view, use or modify your resources or information.
Only you and the Administrator know the data you provide when ordering. We assure you that no one will be disclosed, you should also be cautious when sharing them with third parties.