Terms and conditions

Hello!

We are pleased to welcome you to the So Sour store! Whether you’re a regular customer or visiting our site for the first time, we want your experience with us to be as pleasant as possible. Here you will find all the information you need to use our services and make purchases easily and safely.

That’s the introduction, now it’s time for formalities. To start, our full registration details as a seller and service provider:

Fokus Park sp. z o.o., ul. Podwisłocze 27/231, 35-309 Rzeszów, NIP: 8151764202, KRS: 0000326740, REGON: 180405697

Below you will find the regulations, which contain information on the rules of service operation, how to place an order leading to a contract conclusion, details of the execution of the concluded contract, payment methods available in the service, the procedure for withdrawal from the contract, and the complaint procedure.

If you have any comments, questions, or doubts, we are at your disposal at the email address kontakt@so-sour.com or phone number 531555233. Our customer service department is open Monday to Friday from 08:00 to 16:00.

Best regards and happy shopping!

The So Sour online service team.

§ 1. Definitions

For the purposes of these Regulations, the following definitions apply:

Price – the value expressed in monetary units that the Buyer is obliged to pay the Seller for the Product;
Discount Code – a unique code (sequence of characters) that can be used by the Buyer to reduce the Price;
Consumer – a natural person entering into a Contract with the Seller not directly related to their business or professional activity;
User Account – a collection of resources and permissions within the Service’s ICT system assigned to a specific Buyer;
Buyer – a natural person, legal entity, or organizational unit with legal capacity, especially a Consumer or an Entrepreneur with consumer rights;
Newsletter – email messages containing information about news, promotions, or Products related to the Service;
Product – Goods;
Entrepreneur with consumer rights (PNPK) – a natural person entering into a Contract with the Seller directly related to their business activity, where the content of the Contract indicates that it does not have a professional character for this person, especially as indicated by the subject of the business activity performed by them, available under the Central Registration and Information on Business (CEIDG);
Pre-sale — the process by which the Seller collects orders for Products that will be available for sale from a specified date, and concludes Contracts before the planned date of introduction of Products to sale;
Regulations – the regulations of the so-sour.com online service, available at https://so-sour.com;
Service – the website operating at https://so-sour.com and its extensions;
Seller – Fokus Park sp. z o.o., ul. Podwisłocze 27/231, 35-309 Rzeszów, NIP: 8151764202, KRS: 0000326740, REGON: 180405697;
Goods – a movable item offered by the Seller within the Store, including Goods with Digital Elements (TzEC);
Goods with Digital Elements (TzEC) – Goods offered by the Seller containing Digital Content or a Digital Service, without which the Goods cannot function properly. Digital Content or Digital Services may be provided by the Seller or a third party;
Digital Content – data produced and delivered in digital form;
User Content – any information provided by the Buyer for storage at the Buyer’s request in the Service’s ICT system, or for publication on the Service, e.g., additional voluntary information provided in the User Account, a comment, or a review of the Product;
Contract – a contract concluded between the Seller and the Buyer, the subject of which is the sale of Goods;
Electronic Services — any services provided electronically by the Seller to the Buyer through the Service;

§ 2. Preliminary Provisions

The Seller provides Electronic Services and sells Products through the Service. The Buyer can purchase Products specified on the Service’s pages or in the context of Pre-sale.
The Service is not intended to conclude Contracts between Buyers.
The Regulations specify the rules and conditions of using the Service, as well as the rights and obligations of the Seller and the Buyers.
The Seller has designated an electronic contact point related to the Service for direct communication with the authorities of the Member States, the Commission, the Digital Services Board: kontakt@so-sour.com. The same contact point may be used by the Buyer for direct and prompt communication with the Seller. Communication may be conducted in Polish or English.

§ 3. Electronic Services Related to the Service

The Seller provides the Buyer with Electronic Services related to the use of the Service, enabling the Buyer to:
1. browse publicly available content on the Service;
2. register a User Account and use the User Account;
3. place an order and conclude a Contract;
4. sign up for the Newsletter,
5. submit User Content.
Electronic Services are provided to the Buyer free of charge.
To use the Electronic Services, the Buyer does not need to meet any special technical requirements for their computer equipment or software. The following are sufficient:
1. a standard, up-to-date operating system,
2. a standard, up-to-date web browser with enabled cookies support.
3. Internet access,
It is prohibited to provide unlawful content while using the Electronic Services, in particular by sending such content through forms available on the Service.
To ensure the safety of the Buyer and the data transmission related to the use of the Service, the Seller takes technical and organizational measures appropriate to the degree of threat to the security of the provided Electronic Services, in particular measures to prevent unauthorized persons from acquiring and modifying personal data.
The Seller takes actions to ensure the full functionality of the Service. The Buyer should inform the Seller of any irregularities or interruptions in the functioning of the Service.
Since the Service constitutes an ICT system managed by the Seller, the Seller may carry out technical and IT works aimed at the development of the Service and the provision of Electronic Services at the highest level.
As part of the development of the Service, the Seller may, in particular:
1. add new features and change or remove existing features within the Service;
2. make the Service available on other types of devices, such as mobile devices;
3. make an application related to the Service available.

§ 4. Service Content

The publicly available content of the Service includes content such as texts, photos, graphics, audio recordings, and videos.
Browsing the publicly available content of the Service is possible anonymously, i.e., without providing personal data.
The content of the Service is protected by copyright law.
The details regarding intellectual property are described in § 23 of the Regulations.

§ 5. User Account

Registering a User Account requires filling out and submitting the registration form available on the Service or expressing the will to register a User Account by checking the appropriate checkbox in the order form.
Registering a User Account requires providing personal data necessary for this purpose.
The User Account is assigned to the email address provided by the Buyer.
The User Account stores information about the Buyer, including the history of their orders placed on the Service.
The Buyer may supplement the User Account with additional, voluntary information, such as a website address, date of birth, or a short bio. This information constitutes User Content.
The Buyer logs into the User Account using the email address assigned to the User Account (login) and the password defined by them. The Buyer is obliged to secure access to the User Account against unauthorized access and not to share the login and password with any third parties.
The Buyer may delete the User Account at any time. If the Buyer cannot find the appropriate option for this purpose after logging into the User Account, they should contact the Seller via email. Deleting the User Account results in the loss of access to the Digital Content assigned to the User Account.

§ 6. Placing an Order and Concluding a Contract

The Buyer may place an order as a registered client or as a guest.
A registered client is a Buyer who has a User Account on the Service.
If the Buyer has a User Account on the Service, they should log into it before placing an order. Logging in is also possible during the order placement process.
All Product descriptions available on the Service pages do not constitute an offer within the meaning of the relevant provisions of civil law but an invitation to conclude a Contract.
Placing an order is done by adding the Products the Buyer is interested in to the cart and then filling out the order form. The form requires providing the data necessary to process the order. At the stage of placing the order, the payment method for the order is selected. A condition for placing an order is the acceptance of the Regulations, which the Buyer should read beforehand. If the Buyer has any doubts about the Regulations, they may contact the Seller.
In the order form, the Buyer must provide true personal data. The Buyer is responsible for providing false personal data. The Seller reserves the right to suspend the execution of the order in the situation where the Buyer has provided false data or if such data raises justified doubts of the Seller as to its correctness. In such a case, the Buyer will be informed by phone or email of the Seller’s doubts. In this situation, the Buyer has the right to explain all circumstances related to the verification of the truthfulness of the provided data. If there is no data allowing the Seller to contact the Buyer, the Seller will provide all explanations after the Buyer contacts the Seller.
The Buyer declares that all data provided by them in the order form is true, and the Seller is not obliged to verify its truthfulness and correctness, although they have the right to do so according to paragraph 7.
The order placement process ends by clicking the button finalizing the order. Clicking the button finalizing the order constitutes the Buyer’s offer to purchase the selected Products from the Seller under the terms specified in the order form.
After receiving the order, the Seller, no later than within 7 days from the receipt of the order, may:
1. accept the offer submitted by the Buyer by accepting the order for processing — in this case, the Contract is concluded upon the Buyer receiving a message confirming the acceptance of the order for processing,
2. may not accept the Buyer’s offer and cancel the placed order — in this case, the Contract is not concluded, and the Buyer is refunded all payments made, if any, during the order placement stage.

§ 7. Pre-sale

The Seller may organize Pre-sale for certain types of Products.
Products covered by Pre-sale are clearly marked within the Service as Products available for Pre-sale. On the page of such Products, the Seller provides information on the probable date from which the Products will be available and the probable date from which the Products will be delivered to the Buyers.
For the purposes of concluding Contracts within the Pre-sale, the provisions of § 6 apply accordingly.
The Seller reserves the right to change the date referred to in paragraph 2, particularly due to delays in delivering the Product by third parties (e.g., manufacturers). The Seller will inform Buyers of any changes in dates related to the Pre-sale by posting information on the Service and sending an email message to the address provided by the Buyer.
If the sale of Products is not possible under the conditions provided in the Pre-sale (e.g., suppliers do not deliver the appropriate quantity or types of materials, there is an increase in the price of materials, etc.), the Seller will inform the Buyer of these circumstances.
If the Buyer, being a Consumer or an Entrepreneur with consumer rights, does not agree to extend the delivery date of the Product or change the terms of sale of the Product, they may opt-out of purchasing the Product, and the Seller will refund such a Buyer all payments made as part of the Pre-sale.

§ 8. Price and Payments

Available payment methods for the order are described on the Delivery and Payment page and presented to the Buyer at the order placement stage.
If the Buyer chose online payment when placing the order, after clicking the button finalizing the order, they will be redirected to the payment gateway operated by an external payment operator to make the payment for the order. If the Buyer chose bank transfer payment, after clicking the button finalizing the order, they will be redirected to the Service page with order confirmation and payment instructions. Payment for the order should be made within 7 days of placing the order. After this period, the Seller may assume that the Buyer has resigned from purchasing the Product and cancel the placed order.
Electronic payments, including card payments, are handled by PayU.
If the Buyer requests an invoice, it is delivered to the Buyer electronically, to the email address provided in the order form.
All Prices on the Service’s pages are gross prices.
The Seller is entitled to grant Buyers discounts, reductions, or other Price preferences at their discretion, especially as part of an organized promotional campaign. The details of promotional campaigns are specified in separate promotional campaign regulations. The Buyer is not entitled to demand discounts, reductions, or other preferences that do not result from the promotional campaign.
A Buyer who has a Discount Code may use it when placing an order by entering the Discount Code in the designated place, following the instructions available on the order form page. The use of Discount Codes may be limited to specific Products or groups of Products, as indicated in the information provided with the availability of the given Discount Code. The possibility of using a specific Discount Code may be limited in time, as indicated in the information provided with the availability of the given Discount Code. Discount Codes may be provided in various circumstances, e.g., in exchange for signing up for the Newsletter, as a prize in competitions organized by the Seller, as a gift for the Buyer, etc.
In any case of informing about a reduction in the Prices of Products, the Seller next to the information about the reduced Price also provides information about the lowest Price of the Product that was valid in the 30-day period before the reduction. If a given Product has been offered for sale for less than 30 days, next to the information about the reduced Price, the Seller also provides information about the lowest Price of the Product that was valid during the period from the day the Product was first offered for sale until the day the reduction was introduced.

§ 9. Order Fulfillment Regarding Goods

Order fulfillment involves collecting the ordered Goods, packaging them for delivery to the Buyer, and dispatching the shipment to the Buyer according to the selected form of order delivery.
The cost of delivery is borne by the Buyer unless otherwise indicated in the information presented to the Buyer on the Service.
The order is considered fulfilled upon dispatch to the Buyer (handover of the shipment to the carrier engaged in transportation). In the case of delivery via a carrier, the Seller informs the Buyer about the preparation of the Goods for shipment and the transfer of the shipment to the carrier. The exact delivery date of the Goods is determined by the carrier, unless the carrier allows the Buyer to specify the exact date and time of delivery. If the carrier provides such functionality, the Seller provides the Buyer with the necessary data to monitor the transportation of the Goods, particularly a link to the carrier’s website or app.
The Buyer is obliged to inspect the shipment in the time and manner accepted for such shipments. If the Buyer finds that the Goods have been lost or damaged during transportation, they are obliged to take all necessary actions to establish the carrier’s liability, e.g., by drawing up a damage report (Article 545 § 2 of the Civil Code)
The order processing time is 1-2 business days, unless a different time frame is clearly indicated by the Seller in the Product description. In such a case, by placing the order, the Buyer agrees to the longer processing time as specified in the Product description.
If the Buyer orders Goods with different fulfillment times, the binding fulfillment time for the Seller regarding the entire order is the longest among all the Goods included in the order, although the Seller may propose splitting the order into several independent shipments to speed up the fulfillment time for some of the Goods.

§ 10. Withdrawal from the Contract by the Consumer or Entrepreneur with Consumer Rights without Stating a Reason

The Consumer or Entrepreneur with consumer rights has the right to withdraw from the Contract concluded via the Service without giving a reason within:
1. 14 days from the date of taking possession of the Goods by the Consumer or Entrepreneur with consumer rights, or a third party indicated by the Consumer or Entrepreneur with consumer rights, other than the carrier. In the case where the Contract covers multiple Goods that are delivered separately, in parts, or in stages, the withdrawal period from the Contract is counted from the moment of taking possession of the last Good, its part, or stage.
2. 14 days from the date of concluding the Contract — in the case of Contracts other than the sale of Goods.
The right to withdraw from the Contract does not apply to the Contract:
1. in which the subject of the performance is a non-prefabricated Good, manufactured according to the Consumer’s or Entrepreneur with consumer rights’ specifications or serving to meet their individualized needs;
2. in which the subject of the performance is a Good that deteriorates quickly or has a short shelf life;
3. in which the subject of the performance is a Good delivered in a sealed package that cannot be returned after opening due to health protection or hygiene reasons, if the package was opened after delivery;
4. in which the subject of the performance is Goods that, after delivery, by their nature, become inseparably mixed with other things;
To withdraw from the Contract, the Consumer or Entrepreneur with consumer rights must inform the Seller of their decision to withdraw from the Contract by making a clear statement – for example, by letter sent by mail or email.
The Consumer or Entrepreneur with consumer rights may use the withdrawal form available at https://so-sour.com/odstapienie, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for the Consumer or Entrepreneur with consumer rights to send information regarding the exercise of the right to withdraw from the Contract before the withdrawal period has expired.
The Consumer or Entrepreneur with consumer rights is obliged to return the Good to the Seller or hand it over to a person authorized by the Seller to collect it immediately, but no later than 14 days from the day on which they withdrew from the Contract unless the Seller has offered to collect the Good themselves. To meet the deadline, it is sufficient to send the Good before the deadline expires.
The Consumer or Entrepreneur with consumer rights bears the direct costs of returning the Good.
In the event of withdrawal from the Contract, the Seller shall refund to the Consumer or Entrepreneur with consumer rights all payments received from them, including the costs of delivering the Good (except for additional costs resulting from the method of delivery chosen by the Consumer or Entrepreneur with consumer rights that differs from the least expensive standard method of delivery offered during order placement), immediately, and in any case no later than 14 days from the day on which the Seller was informed about the decision to exercise the right to withdraw from the Contract.
The refund is made using the same payment methods as those used in the original transaction unless the Consumer or Entrepreneur with consumer rights has expressly agreed otherwise. In any case, the Consumer or Entrepreneur with consumer rights does not incur any fees related to this refund.
Unless the Seller has offered to collect the Good from the Consumer or Entrepreneur with consumer rights themselves, they may withhold the refund until they have received the Good back or the Consumer or Entrepreneur with consumer rights has provided proof of its return, whichever occurs first.
The Consumer or Entrepreneur with consumer rights bears responsibility for the reduction in the value of the Good resulting from its use beyond what is necessary to ascertain the nature, characteristics, and functioning of the Good. The Seller is entitled to offset their claim against the Buyer under this title in accordance with Article 498 of the Civil Code and subsequent articles.

§ 11. Warranty for Defects and Liability for Conformity of the Good with the Contract

The warranty for defects in Goods, as provided in the provisions of the Civil Code, is excluded in the case of Contracts for the sale of Goods concluded by Buyers other than Consumers or Entrepreneurs with consumer rights.
The provisions on liability for the conformity of the Good with the Contract contained in the Consumer Rights Act apply to Contracts for the sale of Goods concluded by Consumers or Entrepreneurs with consumer rights, taking into account the provisions of the Regulations.
The Seller is responsible to the Consumer and Entrepreneur with consumer rights for the conformity of the Good with the Contract. The conformity of the Good with the Contract is assessed according to the provisions of the Consumer Rights Act.
The Seller is liable for any lack of conformity of the Good with the Contract existing at the time of its delivery and revealed within two years from that time, unless:
1. the term of the Good’s usability specified by the Seller, its legal predecessors, or persons acting on their behalf is longer;
2. the Contract concerns an Outlet Good, where the Buyer has explicitly agreed to purchase the Outlet Good.
3. In the case of Goods with Digital Elements (TzEC), the Seller is liable for the lack of conformity of the Digital Content or digital services provided continuously that occurred or was revealed during the time they were to be provided under the Contract, but not less than for two years from the time of delivery of the Good with Digital Elements.

§ 12. Replacement or Repair of a Good that is Non-Conforming with the Contract

If the Good is non-conforming with the Contract, the Consumer or Entrepreneur with consumer rights may request its repair or replacement.
The Seller may:
1. replace the Good when the Consumer or Entrepreneur with consumer rights requests repair, or
2. repair the Good when the Consumer or Entrepreneur with consumer rights requests replacement, if bringing the Good into conformity with the Contract in the manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would require excessive costs for the Seller.
If repair and replacement are impossible or would require excessive costs for the Seller, they may refuse to repair or replace the Good to bring it into conformity with the Contract.
The Consumer or Entrepreneur with consumer rights makes the Good available to the Seller for repair or replacement, and the Seller collects it at their expense. The costs of repair or replacement, including postage, transportation, labor, and materials, are borne by the Seller.
The Seller carries out the repair or replacement within a reasonable time, no longer than 21 days, from the moment the Seller was informed by the Consumer or Entrepreneur with consumer rights about the lack of conformity of the Good with the Contract, and without excessive inconvenience to the Consumer or Entrepreneur with consumer rights, considering the nature of the Good and the purpose for which the Consumer or Entrepreneur with consumer rights purchased it.

§ 13. Price Reduction or Withdrawal from the Contract in Case of a Good Non-Conforming with the Contract

If the Good is non-conforming with the Contract, the Consumer or Entrepreneur with consumer rights may submit a statement of price reduction or withdrawal from the Contract when:
1. The Seller has refused to repair or replace the Good according to § 12 paragraph 3;
2. The Seller has not brought the Good into conformity with the Contract;
3. The lack of conformity of the Good with the Contract persists, despite the Seller’s attempt to bring the Good into conformity with the Contract;
4. The lack of conformity of the Good with the Contract is significant enough to justify price reduction or withdrawal from the Contract without prior recourse to the measures referred to in § 12 paragraph 1;
5. The Seller’s statement or circumstances clearly indicate that they will not bring the Good into conformity with the Contract within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur with consumer rights.
The reduced Price must be in such proportion to the Price resulting from the Contract as the value of the Good non-conforming with the Contract is to the value of the Good conforming with the Contract.
The Seller shall refund to the Consumer or Entrepreneur with consumer rights the amounts due as a result of exercising the right to reduce the Price without delay, no later than 14 days from the date of receipt of the statement of the Consumer or Entrepreneur with consumer rights on price reduction.
The Consumer or Entrepreneur with consumer rights cannot withdraw from the Contract if the lack of conformity of the Good with the Contract is insignificant. It is presumed that the lack of conformity of the Good with the Contract is significant.
If the lack of conformity with the Contract concerns only some of the Goods delivered under the Contract, the Consumer or Entrepreneur with consumer rights may withdraw from the Contract only in relation to those Goods, as well as in relation to other Goods purchased by the Consumer or Entrepreneur with consumer rights along with the Goods non-conforming with the Contract if it cannot reasonably be expected that the Consumer or Entrepreneur with consumer rights would agree to keep only the Goods conforming with the Contract.
In the event of withdrawal from the Contract, the Consumer or Entrepreneur with consumer rights promptly returns the Good to the Seller at their expense. The Seller promptly refunds the Price to the Consumer or Entrepreneur with consumer rights, no later than 14 days from the date of receipt of the Good or proof of its return.
The Seller refunds the Price using the same payment method used by the Consumer or Entrepreneur with consumer rights unless the Consumer or Entrepreneur with consumer rights has expressly agreed to a different refund method, which does not involve any costs for them.

§ 14. Bringing Digital Content into Conformity with the Contract

If the Digital Content is non-conforming with the Contract, the Consumer or Entrepreneur with consumer rights may request to bring the Digital Content into conformity with the Contract.
If bringing the Digital Content into conformity with the Contract is impossible or would require excessive costs for the Seller, they may refuse to bring the Digital Content into conformity with the Contract.
The Seller brings the Digital Content into conformity with the Contract within a reasonable time, no longer than 21 days, from the moment the Seller was informed by the Consumer or Entrepreneur with consumer rights about the lack of conformity of the Digital Content with the Contract, and without excessive inconvenience to the Consumer or Entrepreneur with consumer rights, considering their nature and the purpose for which they are used.
The costs of bringing the Digital Content into conformity with the Contract are borne by the Seller.

§ 15. Submitting User Content

Through the Service, the Buyer may submit User Content for storage at the Buyer’s request in the Service’s ICT system or for publication on the Service.
It is prohibited to submit User Content that
1. constitutes illegal content within the meaning of the Digital Services Act (DSA) or
2. is non-compliant with the Regulations.
Non-compliant User Content is understood as User Content that:
1. violates the rules for publishing reviews specified in § 20 of the Regulations;
2. is inconsistent with the subject matter of the content available on the Service;
3. duplicates content previously published on the Service;
4. contains links or other content of a spam nature;
5. serves to conduct competitive activities against the Seller, e.g., promoting competitive online services;
6. serves to conduct prohibited advertising, promotional, marketing activities, especially by posting advertisements, selling, and promoting products, services, projects, fundraisers;
7. serves to conduct activities prohibited by law, e.g., attempts to defraud and extort financial resources from other Buyers;
8. calls for violence against any living beings, including animals, or approves of such violence;
9. promotes any fascist or other totalitarian state system;
10. incites hatred based on gender, sexual orientation, nationality, ethnicity, race, religion, or lack of religion, or approves of such hatred;
11. insults a group of people or individual persons because of their gender, sexual orientation, nationality, ethnicity, race, religion, or lack of religion;
12. contains content of a chauvinistic or misogynistic nature, as well as content that bears the hallmarks of gender discrimination;
13. defames or insults any third party;
14. violates the personal rights of any third party;
15. infringes the copyright of any third party;
16. contains vulgarities or other offensive content;
17. calls for dangerous behavior or approves of such behavior;
18. insults religious feelings;
19. may cause discomfort to other Buyers, especially by lacking empathy or respect for other Buyers;
20. violates the applicable legal order or good manners in a manner other than specified in the previous points.
If the Seller receives credible information about the possibility of committing a crime or offense by the Buyer in connection with the submitted User Content, the Seller is entitled and obliged to notify the appropriate authorities or public bodies, as well as provide them with data concerning the Buyer. The same applies to situations where the authorities or public bodies request the Seller to provide data about the Buyer, especially for the purposes of ongoing civil or criminal proceedings.

§ 16. Moderation of User Content

The Seller may verify User Content at any time. The Seller carries out verification in a non-arbitrary, objective manner and with due diligence. At the same time, the Seller reserves that they are not obliged to pre-screen User Content, especially by preventive control (e.g., in the form of prior approval of User Content) or any other form of screening User Content.
If non-compliance of User Content with the Regulations is detected, the User Content may be blocked and become invisible to other Buyers or removed from the Service.
In the case of blocking or removing User Content, the Seller promptly notifies the Buyer who submitted the User Content subject to blocking or removal, providing the reasons for their decision.
In the event of blocking or removing User Content as non-compliant with the Regulations, the Buyer who posted this User Content may appeal in accordance with the rules described in § 20 of the Regulations.
The Seller ensures that appeals related to User Content are not processed in an automated manner — the verification of the justification for blocking or removing User Content will be handled by the Seller’s staff.

§ 17. Reporting User Content

Any person or entity may report to the Seller the presence of User Content on the Service that they believe to be illegal content within the meaning of the Digital Services Act (DSA).
A report may be made:
1. by email, to the address kontakt@so-sour.com;
2. via the contact form available on the Service;
The report referred to in paragraph 1 must contain all the elements required by the Digital Services Act (DSA), such as:
1. a sufficiently justified explanation of the reasons why the person or entity making the report believes that the User Content is non-compliant with the Regulations;
2. clear identification of the exact electronic location of the information, such as the exact URL or URLs, and, where applicable, additional information enabling the identification of the User Content, depending on the type of User Content and the specific type of hosting service;
3. the name and surname or name and email address of the person or entity making the report, except for reports concerning information considered related to one of the crimes referred to in Articles 3–7 of Directive 2011/93/EU;
4. a statement confirming that the person or entity making the report has a good faith belief that the information and allegations contained therein are accurate and complete.
The Buyer may use the report form template available at https://so-sour.com/zgloszenie-tresci.
Upon receiving the report referred to in paragraph 1, the Seller promptly confirms receipt of the report to the reporting party — electronically, to the provided email address. If the report is incomplete or contains other errors, the Seller may request the reporting party to supplement or correct the report. If the reporting party does not supplement or correct the report no later than 14 days after the Seller’s request, the report will be left unaddressed.
The Seller’s verification of User Content will take place no later than 14 days from the receipt of a complete and correct report. The Seller conducts verification in a non-arbitrary, objective manner and with due diligence. The Seller may request additional information or documents from the reporting party to verify the User Content, e.g., confirming the ownership of rights potentially infringed by the User Content being verified.
During the verification process, the Seller is entitled to block the User Content in such a way that it becomes invisible to other Buyers.
After verification, the Seller may permanently block or remove User Content as violating the Regulations or conclude that the User Content does not violate the Regulations. If the User Content was previously blocked and, after verification, it is determined that the User Content does not violate the Regulations, the Seller promptly restores the User Content and notifies the reporting party, providing the reasons for their decision.
In the case of blocking or removing User Content, the Seller promptly notifies both the reporting party and the Buyer who posted the User Content subject to blocking or removal, providing the reasons for their decision.
In the event of blocking or removing User Content as non-compliant with the Regulations or refusing to block or remove User Content, the Buyer who posted this User Content or the reporting party may appeal in accordance with the rules described in § 20 of the Regulations.
The Seller ensures that all appeals related to User Content are not processed in an automated manner — the verification of the justification for blocking or removing User Content will be handled by the Seller’s staff.

§ 18. Sanctions for Unacceptable User Content

If the Buyer uses the Service in a manner inconsistent with the Regulations by submitting any User Content that is contrary to the Regulations, the Seller may:
1. block the User Account;
2. permanently delete the User Account;
3. suspend the Buyer’s use of certain functionalities of the Service;
4. permanently prevent the Buyer from using certain functionalities of the Service.
The choice of the measure referred to in paragraph 1 depends on the circumstances of the case and the severity of the violation committed by the Buyer while using the Service. These actions are independent of other actions the Seller may take concerning the User Content, such as blocking access or permanently deleting the User Content.
In choosing the measure referred to in paragraph 1, the Seller acts with due diligence, objectively and proportionately, and with due regard to the rights and legitimate interests of all parties involved.
The blocking of the User Account or suspension of the use of certain functionalities of the Service may last from 5 to 360 days. After the expiration of the specified period, the Seller removes the blocking of the User Account or restores access to the functionalities of the Service that were suspended.
If the measure referred to in paragraph 1 is applied, the Buyer against whom the measure was applied may appeal in accordance with the rules described in § 20 of the Regulations.
The Seller ensures that all appeals concerning the application of the measure referred to in paragraph 1 are not processed in an automated manner — the verification of the justification for applying the measure will be handled by the Seller’s staff.

§ 19. Appeals

In the event that:
1. The Seller has not blocked or removed User Content despite a report from another Buyer or a third party;
2. User Content has been blocked or removed contrary to the provisions of the Regulations;
3. The Seller has applied any sanctions against the Buyer related to User Content;
  – The Buyer who submitted the User Content or the person who reported the User Content for verification may appeal.
Every decision by the Seller related to User Content must include a justification that enables an appeal — except in situations where the Seller has received an order related to User Content from the appropriate authority or public body. The justification must meet the requirements provided for in the Digital Services Act (DSA) and include such information as:
1. an indication of whether the decision includes the removal of User Content, the prevention of access to it, demotion or restriction of the visibility of User Content, or suspension or termination of monetary payments relating to such User Content or imposes other measures referred to in the Regulations concerning such User Content, and, where applicable, the territorial scope of the decision and its duration;
2. the facts and circumstances on which the decision is based, including, where applicable, information on whether the decision was based on a report made by another Buyer or a third party, whether it was based on voluntary verification actions initiated by the appropriate authorities, and, where absolutely necessary, the identity of the reporting party;
3. where applicable, information on the use of automated means in making the decision, including information on whether the decision was based on User Content detected or identified using automated means;
4. if the decision concerns potentially illegal User Content, an indication of the legal or contractual basis on which the decision is based, and explanations of why the User Content is considered illegal on this basis;
5. clear and user-friendly information on the Buyer’s or reporting party’s available options to appeal the decision.
An appeal may be submitted by sending an appeal:
1. to the email address kontakt@so-sour.com;
2. using the contact form;
3. in writing, preferably by registered mail — to the Seller’s registered office address.
An appeal should include:
1. the name and surname (or company name) of the appellant;
2. contact details;
3. a detailed justification of why, in the appellant’s opinion, the Seller’s decision was incorrect and should be changed.
Upon receiving the appeal, the Seller promptly confirms its receipt — electronically, to the provided email address.
Appeals are considered within 14 days of the date of submission of the appeal.

§ 20. Reviews

The Seller provides the Buyer with the opportunity to post a review of the Product on the Service.
The function of posting a Product review is available after concluding a Contract for the Product, which serves as a safeguard against posting reviews by Buyers who have not purchased the Product. Additionally, it is prohibited to post a review by a Buyer who has purchased the Product but has not used it in a way that allows for the formation of a reliable review.
The Buyer should formulate the review in a reliable, honest, and substantive manner, if possible, with correct language and without using vulgarities or other words commonly considered offensive.
The review posted by the Buyer is a type of User Content. Therefore, the Seller may moderate reviews in accordance with the rules specified in § 19 of the Regulations, and any person browsing the Service’s content may report a review that violates the Regulations on the terms specified in § 20 of the Regulations.
The Seller may independently post reviews of Products on the Service, collected in ways other than by posting a review by the Buyer under the conditions described above.
The Seller declares and guarantees to the Buyer that the reviews of the Products posted by them, referred to in paragraphs 5 and 6, come exclusively from Buyers who have used the Products in a way that allows for the formation of a reliable review. To collect such reviews, the Seller contacts the Buyer who has purchased the Product individually, asking them to share their review for publication on the Service.
The reviews referred to in paragraphs 5 and 6 are not a type of User Content, but any person browsing the Service’s content who finds that a particular review violates the rules of the Regulations may report it for verification on the terms specified in § 20 of the Regulations.

§ 21. Personal Data and Cookies

The Seller of the Buyer’s personal data is the Seller.
The Service uses cookie technology.
Details related to personal data and cookies are described in the privacy policy available at https://so-sour.com/polityka-prywatnosci/.

§ 22. Intellectual Property Rights

The Seller informs the Buyer that all content available on the Service’s pages, Digital Content, and elements of Products (e.g., graphic designs of labels) may constitute works within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, to which copyright belongs to the Seller or other entitled entities, as well as databases protected under the provisions on database protection.
The Seller informs the Buyer that the exploitation of content protected by copyright or the use of databases by the Buyer without the consent of the Seller or another entitled entity, except for use within the framework of permitted use, constitutes a violation of intellectual property rights and may result in civil or criminal liability.
The Seller may conclude a separate license agreement with the Buyer related to the use by the Buyer of content or databases owned by the Seller (e.g., by using product photographs, descriptions of Products, etc.). To conclude such an agreement, the Buyer should contact the Seller with a proposal to conclude a license agreement, informing the Seller, in particular, of the purposes for which they intend to use the content or databases owned by the Seller, and the expected duration of use. Upon receiving such a proposal, the Seller will present an offer in accordance with their licensing policy.

§ 23. Out-of-Court Complaint and Claim Resolution Methods

The Consumer has the opportunity to use out-of-court complaint and claim resolution methods. The Consumer has the possibility of:
1. submitting an application to a permanent consumer arbitration court for a resolution of a dispute arising from the concluded Contract,
2. submitting an application to the provincial inspector of the Trade Inspection for initiating mediation proceedings to amicably resolve the dispute between the Buyer and the Seller,
3. using the assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection.
More detailed information on out-of-court complaint and claim resolution methods can be found on the website http://polubowne.uokik.gov.pl.
The Consumer may also use the ODR platform, which is available at http://ec.europa.eu/consumers/odr. The platform is used to resolve disputes between consumers and traders seeking to settle a dispute amicably concerning contractual obligations arising from an online sales or service agreement.

§ 24. Complaints and Requests

Each Buyer has the right to file a complaint regarding issues related to the functioning of the Service or the performance of the Contract. To facilitate the Consumer or Entrepreneur with consumer rights in exercising their rights related to the Seller’s liability for the conformity of the Good or Digital Content with the Contract, the Seller has prepared a complaint form that the Consumer or Entrepreneur with consumer rights may use. The form is available at https://so-sour.com/reklamacja.
Complaints should be reported to the Seller at the address kontakt@so-sour.com.
Buyers’ complaints will be processed promptly, but no later than 14 days from the date of receipt by the Seller of the complaint notification.
The response to the complaint will be sent to the Buyer to the contact provided by the Buyer when submitting the complaint.
If the Seller has not delivered Digital Content in accordance with the Contract, the Buyer may submit a complaint calling on the Seller to deliver the Digital Content. If, despite this call, the Seller does not deliver the Digital Content immediately or within an additional time agreed between the Parties, the Buyer may withdraw from the Contract. The Buyer may withdraw from the Contract without calling on the Seller to deliver the Digital Content when:
1. it is evident from the Seller’s statement or circumstances that the Seller will not deliver the Digital Content;
2. The Parties have agreed, or it is clear from the circumstances of concluding the Contract, that the specified date for delivering the Digital Content was essential for the Buyer, and the Seller did not deliver them within this time.

§ 25. Final Provisions

The Seller reserves the right to introduce and revoke offers, promotions, and to change Prices on the Service without prejudice to the rights acquired by the Buyer, including, in particular, the terms of Contracts concluded before the change is made.
The Seller reserves the right to make changes to the Regulations for important reasons such as:
1. change in the terms of Product delivery;
2. the necessity to adapt the Regulations to legal changes;
3. the necessity to adapt the Regulations to a decision, judgment, or other ruling of a competent court or state authority;
4. the necessity to fulfill a legal obligation imposed on the Seller;
5. editorial changes.
If the Seller has the Buyer’s electronic address, the Buyer will receive an email with information about the change to the Regulations.
The Contracts for the sale of Goods are governed by the Regulations in force at the time of concluding the Contract.
In the case of Electronic Services, if the Buyer does not accept the change to the Regulations, they may withdraw from using the Electronic Services without incurring any costs, e.g., delete the User Account, unsubscribe from the Newsletter, stop browsing the publicly available content of the Service.
Changes to the Regulations do not affect the rights acquired by the Buyer before the date of entry into force of the change.
Any disputes related to Contracts concluded via the Service will be settled by the Polish common court competent for the Seller’s place of permanent business activity. This provision does not apply to Consumers and Entrepreneurs with consumer rights, for whom the court’s jurisdiction is determined according to general principles.
These Regulations are effective from 1.09.2024.