Online Store Terms and Conditions
GENERAL PROVISIONS
1.1. The Online Store available at magiagliny.pl is operated by Monika Wal, conducting business activity under the name Magia Gliny Monika Wal, entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, with the correspondence address: ul. Focha 75, 05-800 Pruszków, Tax Identification Number (NIP): 6611313435, REGON: 386169530, e-mail address: monikawal74@gmail.com
1.2. These Regulations are addressed to both consumers and entrepreneurs using the Online Store, unless a particular provision of the Regulations states otherwise and is addressed exclusively to consumers or entrepreneurs.
1.3. The administrator of personal data processed in the Online Store in connection with the implementation of the provisions of these Regulations is the Seller. Personal data is processed for the purposes, scope, and based on the grounds and principles indicated in the privacy policy published on the Online Store's website. The privacy policy primarily contains principles regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes, and scope of personal data processing, as well as the rights of data subjects, and information regarding the use of cookies and analytical tools in the Online Store. The use of the Online Store, including making purchases, is voluntary. Similarly, the provision of personal data by the Service Recipient or Customer using the Online Store is voluntary, subject to the exceptions indicated in the privacy policy (conclusion of a contract and statutory obligations of the Seller).
1.4. Definitions:
1.4.1. BUSINESS DAY – one day from Monday to Friday excluding public holidays.
1.4.2. ORDER FORM – Electronic Service, an interactive form available in the Online Store enabling the placement of an Order, in particular by adding Products to the electronic cart and specifying the terms of the Sales Agreement, including the method of delivery and payment.
1.4.3. CUSTOMER – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who has entered into or intends to enter into a Sales Agreement with the Seller.
1.4.4. CIVIL CODE – the Civil Code Act of April 23, 1964 (Journal of Laws 1964, No. 16, item 93, as amended).
1.4.5. NEWSLETTER – Electronic Service, an electronic distribution service provided by the Service Provider via email, which enables all Service Recipients using it to automatically receive periodic content of subsequent newsletter editions from the Service Provider containing information about Products, news, and promotions in the Online Store.
1.4.6. PRODUCT – a movable item available in the Online Store that is the subject of a Sales Agreement between the Customer and the Seller.
1.4.7. REGULATIONS – these Online Store regulations.
1.4.8. ONLINE STORE – the Service Provider's online store available at the internet address: www.lekka-store.pl.
1.4.9. SELLER; SERVICE PROVIDER – Monika Wal conducting business activity under the name "Magia Gliny Monika Wal" entered into the Central Register and Information on Economic Activity of the Republic of Poland maintained by the minister responsible for economy, with the correspondence address:
ul. Focha 75, 05-800 Pruszków, Tax Identification Number (NIP): 6611313435, REGON: 386169530, e-mail address: monikawal74@gmail.com
1.4.10. SALES AGREEMENT – a product sales agreement concluded or to be concluded between the Customer and the Seller via the Online Store.
1.4.11. ELECTRONIC SERVICE – a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
1.4.12. SERVICE RECIPIENT – (1) a natural person with full legal capacity, and in cases provided for by generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organizational unit without legal personality, to which the law grants legal capacity; – who uses or intends to use the Electronic Service.
1.4.13. CONSUMER RIGHTS ACT, ACT – the Act of May 30, 2014, on consumer rights (Journal of Laws 2014, item 827, as amended)
1.4.14. ORDER – a declaration of will made by the Customer using the Order Form and directly aimed at concluding a Sales Agreement for the Product with the Seller.
ELECTRONIC SERVICES IN THE ONLINE STORE
2.1. The following Electronic Services are available in the Online Store: Order Form and Newsletter.
2.1.1. Order Form – the use of the Order Form begins when the Customer adds the first Product to the electronic cart in the Online Store. The Order is placed after the Customer completes two consecutive steps – (1) filling out the Order Form and (2) clicking the "Buy and pay" button on the Online Store's website after filling out the Order Form – until this moment, it is possible to independently modify the entered data (to do this, follow the displayed messages and information available on the Online Store's website). In the Order Form, the Customer must provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, postal code, city, country), email address, contact phone number, and data concerning the Sales Agreement: Product(s), quantity of Product(s), place and method of Product delivery, payment method. In the case of Customers who are not consumers, it is also necessary to provide the company name and Tax Identification Number (NIP).
2.1.1.1. The Electronic Service Order Form is provided free of charge, is one-time, and concludes when an Order is placed through it or when the Service Recipient ceases to place an Order through it earlier.
2.1.2. Newsletter – using the Newsletter occurs after providing an email address in the "Newsletter" tab visible on the Online Store's website, to which subsequent Newsletter editions are to be sent, and clicking the action button.
2.1.2.1. The Electronic Service Newsletter is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to unsubscribe from the Newsletter (cancel the Newsletter) by sending an appropriate request to the Service Provider, in particular via email to the address: ul. Focha 75, 05-800 Pruszków, Tax Identification Number (NIP): 6611313435, REGON: 386169530, email address: monikawal74@gmail.com
2.2. Technical requirements necessary for cooperation with the ICT system used by the Service Provider: (1) computer, laptop, or other multimedia device with Internet access; (2) email access; (3) web browser: Mozilla Firefox version 65.0 or higher, or Internet Explorer version 11.0 or higher, Opera version 55.0 or higher, Google Chrome version 70.0 or higher, Safari version 12.0 or higher, Microsoft Edge version 18.0 or higher; (4) recommended minimum screen resolution: 1920×1080; (5) enabling cookies and JavaScript support in the web browser.
2.3. The Service Recipient is obliged to use the Online Store in a manner consistent with the law and good customs, bearing in mind the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties. The Service Recipient is obliged to enter data consistent with the actual state. The Service Recipient is prohibited from providing unlawful content.
2.4. Complaint procedure:
2.4.1. Complaints related to the provision of Electronic Services by the Service Provider and other complaints related to the operation of the Online Store (excluding the Product complaint procedure, which is indicated in point 6 of the Regulations) can be submitted by the Service Recipient, for example:
2.4.2. in writing to the address: ul. Focha 75, 05-800 Pruszków
2.4.3. in electronic form via email to the address: monikawal74@gmail.com;
2.4.4. It is recommended that the Service Recipient provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the irregularity; (2) the Service Recipient's request; and (3) the contact details of the complainant – this will facilitate and speed up the processing of the complaint by the Service Provider. The requirements specified in the preceding sentence are merely recommendations and do not affect the effectiveness of complaints filed without the recommended description of the complaint.
2.4.5. The Service Provider will respond to the complaint promptly, no later than 14 calendar days from the date of its submission.
TERMS OF CONCLUDING A SALES AGREEMENT
3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 2.1.2 of the Regulations.
3.2. The Product price displayed on the Online Store's website is given in Polish zlotys and includes taxes. The total price, including taxes, of the Product subject to the Order, as well as delivery costs (including transport, delivery, and postal services fees) and other costs, and if the amount of these fees cannot be determined – the obligation to pay them, are informed to the Customer on the Online Store's pages during the ordering process, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
3.3. Procedure for concluding a Sales Agreement in the Online Store using the Order Form
3.3.1. The Sales Agreement between the Customer and the Seller is concluded after the Customer has placed an Order in the Online Store in accordance with point 2.1.2 of the Regulations.
3.3.2. After placing the Order, the Seller immediately confirms its receipt and simultaneously accepts the Order for processing. Confirmation of receipt of the Order and its acceptance for processing occurs by the Seller sending a corresponding email message to the Customer's email address provided during the Order placement, which contains at least the Seller's statements about receiving the Order and its acceptance for processing, and confirmation of the conclusion of the Sales Agreement. At the moment the Customer receives the aforementioned email message, the Sales Agreement between the Customer and the Seller is concluded.
3.4. Recording, securing, and making available to the Customer the content of the concluded Sales Agreement occurs by (1) making these Regulations available on the Online Store's website and (2) sending the Customer the email message referred to in point 3.3.2 of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the Seller's Online Store's IT system.
METHODS AND TERMS OF PAYMENT FOR THE PRODUCT
4.1. The Seller provides the Customer with the following payment methods for the Sales Agreement:
4.1.1. Electronic payments and payment card payments via the paynow service. mBank S.A. with its registered office in Warsaw, ul. Prosta 18, 00-850 Warszawa,
payments are specified on the Online Store's website in the information tab regarding payment methods and on the websites https://www.paynow.pl
4.1.1.1. Settlements of electronic payment and payment card transactions are carried out according to the Customer's choice via the Przelewy24.pl service. Electronic and payment card payment processing is handled by:
4.1.1.1.1 Paynow ul. Prosta 18, 00-850 Warsaw, entered under KRS number 0000025237 into the Register of Entrepreneurs maintained by the District Court for the capital city of Warsaw.
4.1.2. Cash on delivery payment upon receipt of the shipment.
4.2. Payment deadline:
4.2.1. If the Customer chooses payment by bank transfer, electronic payment, or payment card, the Customer is obliged to make the payment at the time of placing the order.
4.2.2. If the Customer chooses cash on delivery payment, the Customer is obliged to make the payment upon receipt of the shipment.
COST, METHODS AND DELIVERY PERIOD OF THE PRODUCT
5.1. Product delivery to the Customer is paid, unless the Sales Agreement states otherwise. Product delivery costs (including transport, delivery, and postal service fees) are indicated to the Customer on the Online Store's pages in the information tab regarding delivery costs and during the order placement, including at the moment the Customer expresses the will to be bound by the Sales Agreement.
5.2. The Seller provides the Customer with the following Product delivery methods:
5.2.1. Postal shipment, cash on delivery postal shipment.
5.2.2. Courier shipment, cash on delivery courier shipment.
5.3. The delivery period for the Product to the Customer is up to 7 Business Days, unless a different period is specified in the description of a given Product or during the order placement. In the case of Products with different delivery periods, the delivery period is the longest specified period, which, however, cannot exceed 7 Business Days. The start of the delivery period for the Product to the Customer is calculated as follows:
5.3.1. If the Customer chooses payment by bank transfer, electronic payment, or payment card – from the day of crediting the Seller's bank account or settlement account.
5.3.2. If the Customer chooses cash on delivery payment – from the date of concluding the Sales Agreement.
PRODUCT COMPLAINT
6.1. The basis and scope of the Seller's liability towards the Customer, if the sold Product has a physical or legal defect (warranty for defects), are determined by generally applicable provisions of law, in particular in the Civil Code (in particular in Articles 556-576 of the Civil Code). For Sales Agreements concluded until 24 December 2014, the basis and scope of the Seller's liability towards the Customer who is a natural person acquiring the Product for a purpose not related to professional or business activity, due to the non-conformity of the Product with the Sales Agreement, are determined by generally applicable provisions of law, in particular the Act of 27 July 2002 on special terms of consumer sale and on amending the Civil Code (Journal of Laws 2002 No. 141, item 1176 as amended).
6.2. The Seller is obliged to provide the Customer with a Product free from defects. Detailed information regarding the Seller's liability for Product defects and the Customer's rights are set out on the Online Store website in the information tab concerning complaints.
6.3. A complaint may be submitted by the Customer, for example:
6.3.1. in writing to the address: ul. Focha 75, 05-800 Pruszków,
6.3.2. in electronic form via e-mail to the address: monikawal74@gmail.com;
6.4. It is recommended that the Customer provide in the complaint description: (1) information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; (2) a request for how to bring the Product into conformity with the Sales Agreement or a statement about a price reduction or withdrawal from the Sales Agreement; and (3) contact details of the person submitting the complaint – this will facilitate and speed up the processing of the complaint by the Seller. The requirements given in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended complaint description.
6.5. The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. If the Customer, being a consumer, demanded the replacement of the item or removal of the defect, or submitted a statement about a price reduction, specifying the amount by which the price should be reduced, and the Seller did not respond to this demand within 14 calendar days, it is considered that the demand was recognized as justified.
6.6. The Customer who exercises rights under the warranty is obliged to deliver the defective Product to the address: ul. Focha 75, 05-800 Pruszków. In the case of a Customer who is a consumer, the cost of delivering the Product is borne by the Seller; in the case of a Customer who is not a consumer, the cost of delivery is borne by the Customer. If, due to the nature of the Product or the method of its installation, delivering the Product by the Customer would be excessively difficult, the Customer is obliged to make the Product available to the Seller at the place where the Product is located.
OUT-OF-COURT METHODS OF COMPLAINT AND CLAIM SETTLEMENT AND RULES OF ACCESS TO THESE PROCEDURES
7.1. Detailed information on the possibility for a Customer who is a consumer to use out-of-court methods of complaint and claim settlement and the rules of access to these procedures are available on the website of the Office of Competition and Consumer Protection at: https://uokik.gov.pl/pozasadowe_rozwiazywanie_sporow_konsumenckich.php.
7.2. At the President of the Office of Competition and Consumer Protection, there is also a contact point (telephone: 22 55 60 333, email: kontakt.adr@uokik.gov.pl or postal address: Pl. Powstańców Warszawy 1, 00-030 Warsaw), whose task is, among other things, to provide assistance to consumers in matters concerning out-of-court settlement of consumer disputes.
7.3. The consumer has the following exemplary options for using out-of-court methods of complaint and claim settlement: (1) an application for dispute resolution to a permanent amicable consumer court (more information on the website: http://www.spsk.wiih.org.pl/); (2) an application for out-of-court dispute resolution to the provincial inspector of the Trade Inspection (more information on the website of the inspector relevant to the Seller's place of business activity); and (3) assistance from a district (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (e.g., the Consumer Federation, the Polish Consumers Association). Advice is provided, among other things, by email at porady@dlakonsumentow.pl and via the consumer hotline 801 440 220 (hotline available on Business Days, from 8:00 AM to 6:00 PM, connection fee according to the operator's tariff).
7.4. At the address http://ec.europa.eu/consumers/odr, an online dispute resolution system platform between consumers and entrepreneurs at the EU level is available (ODR platform). The ODR platform is an interactive and multilingual website with a one-stop shop for consumers and entrepreneurs seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales contract or a contract for the provision of services (more information on the platform itself or at the internet address of the Office of Competition and Consumer Protection: https://uokik.gov.pl/spory_konsumenckie_faq_platforma_odr.php).
RIGHT OF WITHDRAWAL FROM THE CONTRACT
8.1. A consumer who has concluded a distance contract may withdraw from it within 14 calendar days without giving any reason and without incurring costs, except for the costs specified in point 8.8 of the Regulations. To meet the deadline, it is sufficient to send a statement before its expiry. A statement of withdrawal from the contract may be submitted, for example:
8.1.1. in writing to the address: ul. Focha 75, 05-800 Pruszków
8.1.2. in electronic form via e-mail to the address: monikawal74@gmail.com;
8.2. An exemplary template of the withdrawal form is included in Appendix No. 2 to the Consumer Rights Act and is additionally available in point 11 of the Regulations and on the Online Store website in the tab concerning withdrawal from the contract. The consumer may use the form template, but this is not obligatory.
8.3. The period for withdrawing from the contract begins:
8.3.1. for a contract under which the Seller delivers the Product, being obliged to transfer its ownership (e.g., a Sales Agreement) – from the consumer taking possession of the Product or a third party indicated by them other than the carrier, and in the case of a contract that: (1) covers multiple Products that are delivered separately, in batches or in parts – from taking possession of the last Product, batch or part, or (2) consists of regular delivery of Products for a specified period – from taking possession of the first of the Products;
8.3.2. for other contracts – from the date of conclusion of the contract.
8.4. In the event of withdrawal from a distance contract, the contract is considered null and void.
8.5. The Seller is obliged to immediately, no later than within 14 calendar days from the day of receiving the consumer's statement of withdrawal from the contract, return to the consumer all payments made by them, including the costs of Product delivery (with the exception of additional costs resulting from the consumer choosing a delivery method other than the cheapest standard delivery method available in the Online Store). The Seller will refund payments using the same payment method as used by the consumer, unless the consumer has expressly agreed to a different refund method that does not involve any costs for them. If the Seller has not offered to collect the Product from the consumer themselves, they may withhold the refund of payments received from the consumer until they receive the Product back or until the consumer provides proof of its return, whichever occurs first.
8.6. The consumer is obliged to immediately, no later than within 14 calendar days from the day on which they withdrew from the contract, return the Product to the Seller or hand it over to a person authorized by the Seller to receive it, unless the Seller has offered to collect the Product themselves. To meet the deadline, it is sufficient to send back the Product before its expiry. The consumer may return the Product to the address: ul. Focha 75, 05-800 Pruszków.
8.7. The consumer is liable for any reduction in the value of the Product resulting from using it in a manner exceeding what is necessary to establish the nature, characteristics, and functioning of the Product.
8.8. Possible costs associated with the consumer's withdrawal from the contract, which the consumer is obliged to bear:
8.8.1. If the consumer chose a delivery method for the Product other than the cheapest standard delivery method available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by them.
8.8.2. The consumer bears the direct costs of returning the Product.
8.8.3. In the case of a Product being a service, the performance of which – at the express request of the consumer – began before the expiry of the withdrawal period, the consumer who exercises the right of withdrawal from the contract after submitting such a request, is obliged to pay for the services rendered until the withdrawal from the contract. The amount of payment is calculated proportionally to the extent of the service rendered, taking into account the price or remuneration agreed in the contract. If the price or remuneration is excessive, the market value of the service rendered is the basis for calculating this amount.
8.9. The right of withdrawal from a distance contract does not apply to the consumer in relation to contracts:
8.9.1. (1) for the provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the start of the service that after the performance of the service by the Seller, they would lose the right to withdraw from the contract; (2) where the price or remuneration depends on fluctuations in the financial market, over which the Seller has no control, and which may occur before the expiry of the withdrawal period; (3) in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications or serving to satisfy their individualized needs; (4) in which the subject of the service is a Product that deteriorates quickly or has a short shelf life; (5) in which the subject of the service is a Product delivered in a sealed package, which after opening the package cannot be returned due to health protection or hygiene reasons, if the package was opened after delivery; (6) in which the subject of the service are Products which, after delivery, due to their nature, become inseparably connected with other items; (7) in which the subject of the service are alcoholic beverages, the price of which was agreed upon at the conclusion of the Sales Agreement, and whose delivery can only take place after 30 days and whose value depends on market fluctuations over which the Seller has no control; (8) in which the consumer expressly demanded that the Seller come to them to carry out urgent repairs or maintenance; if the Seller additionally provides services other than those requested by the consumer, or supplies Products other than spare parts necessary for the repair or maintenance, the consumer has the right to withdraw from the contract in relation to the additional services or Products; (9) in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery; (10) for the delivery of newspapers, periodicals or magazines, with the exception of a subscription contract; (11) concluded by public auction; (12) for the provision of services in the scope of accommodation, other than for residential purposes, transport of goods, car rental, catering, services related to leisure, entertainment, sports or cultural events, if the contract specifies the day or period of service provision; (13) for the delivery of digital content that is not stored on a tangible medium, if the performance of the service began with the express consent of the consumer before the expiry of the withdrawal period and after being informed by the Seller about the loss of the right to withdraw from the contract.
PROVISIONS CONCERNING ENTREPRENEURS
9.1. This point of the Regulations and its provisions apply only to Customers and Service Users who are not consumers.
9.2. The Seller has the right to withdraw from a Sales Agreement concluded with a Customer who is not a consumer within 14 calendar days from the date of its conclusion. Withdrawal from the Sales Agreement in this case may take place without giving a reason and does not entail any claims from the Customer who is not a consumer against the Seller.
9.3. In the case of Customers who are not consumers, the Seller has the right to limit available payment methods, including requiring full or partial prepayment, regardless of the payment method chosen by the Customer and the fact that a Sales Agreement has been concluded.
9.4. At the moment the Seller hands over the Product to the carrier, the benefits and burdens associated with the Product, as well as the risk of accidental loss or damage to the Product, pass to the Customer who is not a consumer. In such a case, the Seller is not liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its delivery to the Customer, and for delays in the transport of the shipment.
9.5. In the event of sending the Product to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment at the time and in the manner customary for such shipments. If they find that there has been a shortage or damage to the Product during transport, they are obliged to take all necessary actions to establish the carrier's liability.
9.6. In accordance with Article 558 § 1 of the Civil Code, the Seller's liability under the warranty for defects of the Product towards a Customer who is not a consumer is excluded.
9.7. In the case of Service Users who are not consumers, the Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without specifying reasons by sending the Service User a relevant statement.
9.8. The Service Provider's/Seller's liability towards a Service User/Customer who is not a consumer, regardless of its legal basis, is limited – both within a single claim and for all claims in total – to the amount of the price paid and delivery costs under the Sales Agreement, but not exceeding one thousand Polish zlotys. The Service Provider/Seller is liable towards a Service User/Customer who is not a consumer only for typical damages foreseeable at the time of concluding the contract and is not liable for lost profits towards a Service User/Customer who is not a consumer.
9.9. Any disputes arising between the Seller/Service Provider and a Customer/Service User who is not a consumer shall be submitted to the court having jurisdiction over the Seller's/Service Provider's registered office.
FINAL PROVISIONS
10.1. Contracts concluded through the Online Store are concluded in Polish.
10.2. Amendment of the Regulations:
10.2.1. The Service Provider reserves the right to make changes to the Regulations for important reasons, namely: changes in legal provisions; changes in payment and delivery methods – to the extent that these changes affect the implementation of the provisions of these Regulations.
10.2.2. In the case of continuous agreements concluded on the basis of these Regulations, the Regulations shall be binding on the Service Recipient if the requirements specified in Article 384 and 384[1] of the Civil Code have been met, i.e., the Service Recipient has been properly notified of the changes and has not terminated the agreement within 14 calendar days from the date of notification. If a change to the Regulations results in the introduction of any new fees or an increase in existing ones, the Service Recipient who is a consumer has the right to withdraw from the agreement.
10.2.3. In the case of agreements concluded on the basis of these Regulations that are not continuous agreements (e.g., a Sales Agreement), changes to the Regulations will in no way infringe the acquired rights of Service Recipients/Customers who are consumers before the effective date of the changes to the Regulations; in particular, changes to the Regulations will not affect already placed or submitted Orders and concluded, implemented, or executed Sales Agreements.
10.3. In matters not regulated by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on Providing Services by Electronic Means of July 18, 2002 (Journal of Laws 2002 No. 144, item 1204, as amended); for Sales Agreements concluded with Customers who are consumers until December 24, 2014 – the provisions of the Act on the Protection of Certain Consumer Rights and on Liability for Damage Caused by a Dangerous Product of March 2, 2000 (Journal of Laws 2000 No. 22, item 271, as amended) and the Act on Special Conditions of Consumer Sale and on Amendments to the Civil Code of July 27, 2002 (Journal of Laws 2002 No. 141, item 1176, as amended); for Sales Agreements concluded with Customers who are consumers from December 25, 2014 – the provisions of the Act on Consumer Rights of May 30, 2014 (Journal of Laws 2014, item 827, as amended); and other relevant provisions of generally applicable law.