Statute
TERMS AND CONDITIONS OF THE ONLINE STORE
www.affiche.pl
The www.affiche.pl online store cares about consumer rights. The consumer may not waive the rights granted to him in the Act of 30 May 2014 on consumer rights (hereinafter: the "Act") . Contract provisions less favorable to the consumer than the provisions of the Act are invalid,
and in their place the provisions of the Act shall apply. Therefore, the provisions of these Regulations are not intended to exclude or limit any consumer rights under mandatory provisions of law, and any possible doubts should be explained in favor of the consumer. In the event of non-compliance of the provisions of these Regulations with the above provisions, priority shall be given to these provisions and they should be applied.
GENERAL PROVISIONS
- The Online Store available at www.affiche.pl is run by Marcin Dziedzic, who runs a business activity entered into the Central Register and Information on Economic Activity under the name: Marcin Dziedzic, with the address of the place of business: Krasków 71A, 46-200 Kluczbork, gm. Kluczbork, Kluczbork County, province Opolskie, NIP 7511786324, REGON 522549147, e-mail address: affiche.contact@gmail.com , telephone number: +48 531317562.
- The Regulations are addressed to both consumers and entrepreneurs using the Online Store, with the reservation that point 8 of the Regulations is addressed only to entrepreneurs.
- The administrator of personal data processed in the Online Store in connection
with the implementation of the provisions of these Regulations is Marcin Dziedzic conducting business activity entered into the Central Register and Information on Economic Activity under the name: Marcin Dziedzic. Personal data is processed for purposes, for a period and based on the principles indicated in the privacy policy published on the Online Store website. The privacy policy contains primarily the rules regarding the processing of personal data by the Administrator in the Online Store, including the grounds, purposes and period of personal data processing and the rights of persons whose data is processed. Using the Online Store, including making purchases, is voluntary, as is providing personal data by entities using the Online Store.
DEFINITIONS
Business day - one day from Monday to Friday, excluding public holidays.
Registration form - a form available in the Online Store that allows you to create an Account.
Order form - Electronic Service, an interactive form available in the Online Store that allows you to place an Order, in particular by adding Products to the electronic basket and specifying the terms of the Sales Agreement, including the method of delivery and payment.
Customer – a natural person with full legal capacity, and in cases provided for by specific provisions, a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which is granted legal capacity by a special act; – which has concluded or intends to conclude a Sales Agreement with the Seller.
Account - Electronic Service, marked with an individual name (login) and password provided by the Service Recipient, a set of resources in the Seller's (Service Provider's) ICT system,
in which the data provided by the Service Recipient and information about the Orders placed by him in the Online Store are collected.
Product - a movable item available in the Online Store, which is the subject of the Sales Agreement between the Customer and the Seller.
Regulations - these regulations of the Online Store www.affiche.pl.
Affiche Ewelina Złotowicz Online Store - the Service Provider's online store available at the Internet address: www.affiche.pl
Seller (Service Provider) - Marcin Dziedzic, with the address of the place of business: Krasków 71A, 46-200 Kluczbork, gm. Kluczbork, Kluczbork poviat, province. Opolskie-, NIP 7511786324 , REGON 522549147 , e-mail address: affiche.contact@gmail.com, telephone number: +48 531317562 .
Sales contract - a Product sales contract concluded or concluded between the Customer and the Seller via the Online Store.
Electronic service - a service provided electronically by the Service Provider to the Service Recipient via the Online Store.
Service Recipient - a natural person with full legal capacity, and in cases provided for by generally applicable regulations, also a natural person with limited legal capacity; legal person; or an organizational unit without legal personality, which the law grants legal capacity; – using or intending to use the Electronic Service.
Order - Customer's declaration of intent submitted via the Order Form
and aiming directly at concluding a Product Sales Agreement with the Seller.
- ELECTRONIC SERVICES IN THE ONLINE STORE
The following Electronic Services are available in the Online Store: Account, Order Form and Newsletter .
- Account
- Using the Account is possible after completing a total of three consecutive steps by the Service Recipient - completing the Registration Form, clicking the "Create an account" field and confirming the willingness to create an Account by clicking the confirmation link sent automatically to the e-mail address provided. In the Registration Form, it is necessary for the Service Recipient to provide the following data of the Service Recipient: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and password. In the case of Service Recipients who are not consumers, it is also necessary to provide the company name and NIP number.
- The "Account" Electronic Service is provided free of charge for an indefinite period. The Service Recipient has the option, at any time and without giving a reason, to delete the Account (resignation from the Account) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: affiche.contact@gmail.com or in writing to the following address: Krasków 71 A, 46-200 Kluczbork.
- The order form.
- The use of the Order Form begins when the Customer adds the first Product to the electronic basket in the Online Store. Placing an Order takes place after the Customer completes a total of two subsequent steps - after completing the Order Form and clicking on the Online Store website after completing the Order Form, the "I confirm purchase" field - until then, it is possible to modify the entered data independently (for this purpose, follow the displayed messages and information available on the Online Store website). In the Order Form, it is necessary for the Customer to provide the following data concerning the Customer: name and surname/company name, address (street, house/apartment number, zip code, city, country), e-mail address, contact telephone number and data regarding the Sales Agreement: Product(s), quantity of Product(s), place and method of delivery of the Product(s), method of payment. In the case of Customers who are not consumers, it is also necessary to provide the company name and NIP number and accept the Regulations.
- The Electronic Service "Order Form" is provided free of charge and is of a one-off nature and ends when the Order is placed through it or when the Customer ceases to place the Order through it.
- newsletter
- The use of the Newsletter takes place after providing the e-mail address in the "Newsletter" tab visible on the Online Store website, to which subsequent editions of the Newsletter are to be sent and clicking the "Subscribe" field. Upon creating the Account, the Service Recipient is subscribed to the Newsletter.
- The Newsletter Electronic Service is provided free of charge for an indefinite period. The Customer has the option to unsubscribe at any time and without giving any reason
from the Newsletter (unsubscribing from the Newsletter) by sending an appropriate request to the Service Provider, in particular via e-mail to the following address: affiche.contact@gmail.com or in writing to the following address: Krasków 71A, 46-200 Kluczbork. - Technical requirements necessary for cooperation with the ICT system used by the Service Provider: a device with Internet access; an active e-mail account; web browser: Mozilla Firefox version 11.0 and higher or Internet Explorer version 7.0 and higher, Opera version 7.0 and higher, Google Chrome version 12.0.0 and higher; recommended minimum screen resolution: 1024×768; enabling the option of saving Cookies and Javascript in the web browser.
- The Service Recipient is obliged to use the Online Store in a consistent manner
with the law and decency, taking into account 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 facts. The service recipient is prohibited from providing illegal content.
- TERMS OF CONCLUDING THE SALES AGREEMENT
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order using the Order Form in the Online Store in accordance with point 1.2.1 of the Regulations.
- The Product price shown on the Online Store website is given in Polish zlotys and includes taxes. The total price including taxes of the Product being the subject of the Order, as well as delivery costs (including charges for transport, delivery and postal services) and other costs, and when the amount of these charges cannot be determined - about the obligation to pay them, the Customer is informed on the website of the Online Store when placing the Order, including when the Customer expresses the will to be bound by the Sales Agreement.
- PROCEDURE FOR CONCLUDING A SALES AGREEMENT IN THE ONLINE STORE USING THE ORDER FORM
- The conclusion of the Sales Agreement between the Customer and the Seller takes place after the Customer has placed an Order in the Online Store in accordance with point 1.2.1 of the Regulations.
- After placing the Order, the Seller immediately confirms its receipt and at the same time accepts the Order for execution. Confirmation of receipt of the Order
and its acceptance for execution takes place by sending by the Seller to the Customer an appropriate e-mail to the Customer's e-mail address provided when placing the Order, which contains at least the Seller's statement on receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. Upon receipt of the above e-mail by the Customer, a Sales Agreement is concluded between the Customer and the Seller. - The content of the concluded Sales Agreement is recorded, secured and made available to the Customer by making these Regulations available on the Online Store website and sending the Customer the e-mail referred to in point 3.2. of the Regulations. The content of the Sales Agreement is additionally recorded and secured in the IT system of the Seller's Online Store.
- METHODS AND TERMS OF PAYMENT
- The Seller provides the Customer with the following payment methods under the Sales Agreement:
- Payment by bank transfer to the Seller's bank account.
-
Electronic payments and card payments via the Viva Wallet service - possible current payment methods are specified on the Online Store website
in the "Payment methods" tab.
- If the Customer chooses payment by bank transfer, electronic payment or payment by credit card, the Customer is obliged to make the payment within 3 calendar days from the date of conclusion of the Sales Agreement. In the event of non-payment, the sales contract is considered void.
- If the Customer chooses cash on delivery upon delivery or cash upon delivery, the Customer is obliged to make the payment upon receipt of the shipment.
- COST, METHODS AND DATE OF DELIVERY AND COLLECTION OF THE PRODUCT
- Delivery of the Product is available on the territory of the Republic of Poland. To other countries - after agreeing on the price by e-mail at: affiche.conatct@gmail.com
- Delivery of the Product to the Customer is payable, unless the Sales Agreement provides otherwise. Product delivery costs (including charges for transport, delivery and postal services) are indicated to the Customer on the Online Store's website in the information tab regarding delivery costs and when placing the Order, including when the Customer expresses his will to be bound by the Sales Agreement.
- Personal collection of the Product by the Customer is free of charge.
- The Seller provides the Customer with the following methods of delivery or receipt of the Product:
- courier delivery,
- InPost parcel locker.
- The deadline for delivery of the Product to the Customer is up to 14 Business Days, unless a different date is provided in the description of a given Product or when placing the Order. The beginning of the period of delivery of the Product to the Customer is counted as follows: if the Customer selects the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account, if the Customer selects the method of payment in cash on personal collection - from the date of conclusion of the Sales Agreement.
- The date of readiness of the Product for collection by the Customer - if the Customer selects personal collection of the Product, the Product will be ready for collection by the Customer within 3 Business Days. The Customer will be additionally informed by the Seller about the readiness of the Product for collection. The beginning of the period of readiness of the Product for collection by the Customer is counted as follows: if the Customer chooses the method of payment by bank transfer, electronic payment or payment card - from the date of crediting the Seller's bank account or settlement account, if the Customer selects the method of payment in cash on delivery personal - from the date of conclusion of the Sales Agreement.
- PRODUCT COMPLAINT
- The basis and scope of the Seller's liability towards the Customer, if sold The product has a physical or legal defect are defined by generally applicable law, in particular the Act of 23 April 1964 - Civil Code (warranty).
- The Seller is obliged to deliver the Product to the Customer without defects. Detailed information on the Seller's liability for a defect in the Product and the Customer's rights are set out in these regulations.
- A complaint may be submitted by the Customer:
- in writing to the following address: Modzelewskiego 73/54, 02-679 Warsaw , or
- via e-mail: affiche.contact@gmail.com
- It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the defect; request a way to bring the Product into compliance with the Sales Agreement or a statement on price reduction or withdrawal from the Sales Agreement; and contact details of the complainant.
- The Seller will respond to the Customer's complaint immediately, no later than within 14 calendar days from the date of its submission. Failure to respond to the Seller within the above-mentioned period means that the Seller considered the complaint justified.
- If it is necessary for the Seller to respond to the Customer's complaint or to exercise the Customer's rights under the warranty, it is necessary to deliver the Product to the Seller, the Customer is obliged to deliver it at his own expense to the Seller at the following address: st. Modzelewskiego 73/54, 02-679 Warsaw.
- RIGHT OF WITHDRAWAL FROM THE AGREEMENT
- 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 7.6 of the Regulations.
- The consumer is obliged to immediately, not later than within 14 calendar days from the date on which he concluded the purchase contract, return the Product to the Seller, together with the proof of purchase, to the following address: ul. Modzelewskiego 73/54, 02-679 Warsaw . To meet the deadline, you must return the Product to the Seller before its expiry.
- The deadline to withdraw from the contract begins with the receipt of the Product by the consumer or a third party indicated by him other than the carrier.
- In the event of withdrawal from a distance contract, the contract is considered void.
- The Seller is obliged to immediately, not later than within 14 calendar days from the date of receipt of the Product from the consumer, return to the consumer all payments made by him, including the costs of delivery of the Product (except for additional costs resulting from the method of delivery chosen by the Customer other than the cheapest usual method delivery available in the Online Store). The seller refunds the payment using the same method of payment as used by the consumer, unless the consumer has expressly agreed to a different method of return, which does not involve any costs for him.
- Possible costs related to the consumer's withdrawal from the contract, which the consumer is obliged to bear:
- If the consumer has chosen a method of delivery of the Product other than the cheapest usual method of delivery available in the Online Store, the Seller is not obliged to reimburse the consumer for the additional costs incurred by him.
- The consumer bears the direct cost of returning the Product.
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The consumer is not entitled to withdraw from a distance contract
in relation to contracts: provision of services, if the Seller has fully performed the service with the express consent of the consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract; in which the subject of the service is a non-prefabricated Product, manufactured according to the consumer's specifications, to meet his individual needs, or the item was delivered in a sealed package, which cannot be returned after opening the package, due to health protection or hygiene reasons, if the package was opened after delivery .
- PROVISIONS RELATING TO ENTREPRENEURS
- This section of the Regulations and the provisions contained therein apply only to Customers
and Service Recipients who are not consumers. - The Seller has the right to withdraw from the 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 give rise to any claims on the part of the Customer who is not a consumer against the Seller.
- In the case of Customers who are not consumers, the Seller has the right to limit the available payment methods, including requiring prepayment in whole or in part, regardless of the payment method chosen by the Customer and the fact of concluding the Sales Agreement.
- As soon as the Seller releases the Product to the carrier, the benefits and burdens related to the Product and the risk of accidental loss or damage to the Product are transferred to the Customer who is not a consumer. In such a case, the Seller shall not be liable for the loss, shortage or damage to the Product arising from its acceptance for transport until its release to the Customer and for delays in the transport of the shipment.
- If the Product is sent to the Customer via a carrier, the Customer who is not a consumer is obliged to examine the shipment in time and in the manner accepted for such shipments. If he finds that the Product has been lost or damaged during transport, he is obliged to take all actions necessary to determine the liability of the carrier.
- According to Art. 558 § 1 of the Civil Code, the Seller's liability under the warranty for the Product towards the Customer who is not a consumer is excluded.
- In the case of Customers / Service Recipients who are not consumers, the Seller / Service Provider may terminate the contract for the provision of Electronic Services with immediate effect and without indicating the reasons by sending a relevant statement to the Service Recipient.
- The liability of the Service Provider/Seller towards the Service Recipient/Customer who is not a consumer, regardless of its legal basis, is limited - both
as part of a single claim, as well as for all claims in total - up to the amount of the price paid and delivery costs under the Sales Agreement, but not more than five hundred zlotys. The Service Provider/Seller is liable to the Service Recipient/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 to the Service Recipient/Customer who is not a consumer. - Any disputes arising between the Seller / Service Provider and the Customer / Service Recipient who is not a consumer shall be submitted to the court competent for the seat of the Seller / Service Provider.
- FINAL PROVISIONS
- Agreements concluded through the Online Store are concluded in Polish.
- An order placed via the Order Form constitutes a separate sales contract
and requires acceptance of the Regulations, the contract is concluded for the time and in order to complete the order. - The Service Provider reserves the right to amend the Regulations for important reasons, i.e.: changes in the law; changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations.
- In the event of concluding continuous contracts on the basis of these Regulations (e.g. the provision of Electronic Services - Account), the amended regulations bind the Service Recipient, if the requirements set out in art. 384 and 384 1 of the Civil Code, i.e. the Customer was properly notified of the changes and did not terminate the contract
within 14 calendar days from the date of notification. In the event that a change to the Regulations results in the introduction of any new fees or an increase in the current ones, the Service Recipient who is a consumer has the right to withdraw from the contract. - In the event of concluding, on the basis of these Regulations, contracts of a different nature than continuous contracts (e.g. Sales Agreement), the amendments to the Regulations will not in any way affect the rights acquired by Service Recipients/Customers who are consumers before the date of entering
the entry into force of the amendments to the Regulations, in particular the amendments to the Regulations, will not affect already placed or submitted Orders and concluded, implemented or executed Sales Agreements. - In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply.