Internet store rules

INTERNET STORE RULES

§ 1 General information

1. The owner of the Online Store www.ewapawlikowska.com.pl is Ewa Pawlikowska running a business registered in the Central Register and Information on Business Activity under the name of EP Ewa Pawlikowska, address: ul. Zakładowa 130 m.1 92-402 Łódź; NIP: 7282684756, REGON: 367861960 (hereinafter referred to as the "Seller").
2. Ways of communicating with the Seller:

    
mailing address: ul. Zakładowa 130 m.1 92-402 Łódź
    
e-mail address: ewa.pawlikowska.ep@gmail.com

3. The condition of using the Online Store is to read these Regulations and accept its provisions by the Ordering Party (hereinafter referred to as the "Customer").
4. These Regulations are the regulations referred to in art. 8 of the Act on the provision of electronic services.
5. These Regulations are addressed to both Consumers and Entrepreneurs using the Online Store (subject to § 7 and other provisions, which explicitly indicate that they concern only Consumers).
6. The Seller allows the Customer to read the Regulations through the Website each time before placing the Order.
§ 2 Definitions

1. WORKING DAYS - weekdays falling from Monday to Friday, excluding public holidays.
2. CUSTOMER - a natural person, a legal person or an organizational unit without legal personality, which the law grants legal capacity, can acquire rights and incur liabilities on its own behalf, which uses the services and functionality of the Online Store, in particular by placing an Order to purchase the Goods.
3. CIVIL CODE - Act of 23 April 1964 (Journal of Laws No. 16, item 93, as amended).
4. CIVIL PROCEDURE CODE - Act of November 17, 1964, Code of Civil Procedure (Journal of Laws No. 43, item 296, as amended).
5. CONSUMER - a natural person who performs with the Entrepreneur legal action not directly related to its business or professional activity.
6. ENTREPRENEURS - a natural person, a legal person or an organizational unit without legal personality, which the law provides for legal capacity, conducting business or professional activity on its own behalf and carrying out a legal action directly related to its business or professional activity.
7. REGULATIONS - these regulations.
8. REGISTRATION - a one-off activity consisting in creating an Account by the Customer, made using the registration form provided by the Seller on the Shop Website.
9. ONLINE STORE - an internet service available at www.ewapawlikowska.com.pl, through which the Customer may, in particular, place Orders.
10. SELLER - entity conducting business activity registered in the Central Register and Information on Economic Activity under the name of EP Ewa Pawlikowska, address: ul. Zakładowa 130 m.1 92-402 Łódź; NIP: 7282684756, REGON: 367861960 who is also the owner of the Online Store.
11. STORE ONLINE STORE - www.ewapawlikowska.com.pl
12. GOODS - a product presented by the Seller via the Online Store Website, which may be the subject of a Sales Agreement.
13. PERMANENT MEDIA - a material or tool enabling the Customer or the Seller to store information personally directed at him in a way that allows access to information in the future for a reasonable period of time for the purpose of this information and which allows the stored information to be restored unchanged.
14. SALES AGREEMENT - a contract for the sale of the Goods concluded remotely on terms specified in the Regulations between the Customer and the Seller.
15. CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (Journal of Laws No. 2014, item 827).
16. THE ACT ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS - the Act of 18 July 2002 on the provision of electronic services (Journal of Laws No. 144, item 1204, as amended)
17. ORDER - a declaration of intent made by the Customer, aimed directly at the conclusion of the Sales Agreement and specifying in particular the type and number of the Goods.

§ 3 General rules for using the Online Store

1. Using the Online Store, including making Orders, does not require prior registration in the Online Store. In order to conclude a Sales Agreement, it is only necessary to provide the necessary data by filling out the form available on the Store Website.
2. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore customers should use appropriate technical measures that minimize the above risks. In particular, they should use antivirus programs and protect the identity of those using the Internet.
3. It is prohibited to provide the Customer with unlawful content and the Customer's use of the Online Store, the Shop Website or free services provided by the Seller in a manner contrary to the law, morality or violating personal rights of third parties.
§ 4 Placing Orders

1. The Customer may place Orders in the Online Store via the Online Store Website, 7 days a week, 24 hours a day.
2. The Customer placing the Order via the Online Store Website completes the Order selecting the Goods he is interested in. Adding the Goods to the Order takes place by selecting the "ADD TO CART" command located under the given Product presented on the Shop Website. After completing the entire Order, the Customer selects the "ORDER" command and is redirected to the subpage that summarizes the Order.
3. The Customer selects the method of delivery and method of payment, as well as indicates the e-mail address for correspondence and whether or not he consents to the processing of personal data for marketing purposes. After completing these activities and selecting the "GO NEXT" command, the Client is redirected to the subpage enabling finalization of the Order. The Order is finalized by completing the form and sending it to the Seller. For this purpose, the customer should select the "I ORDER AND PAY" command.
4. Each time before sending the Order to the Seller, the Customer is informed about the total price for the selected Product and delivery, as well as all additional costs which he is obliged to incur in connection with the conclusion of the Sales Agreement.
5. After placing the Order, the Seller sends a confirmation of its submission to the e-mail address provided by the Customer.
6. After confirming the submission of the Order, the Seller shall send to the e-mail address provided by the Customer information about the acceptance of the Order for execution. Information about the acceptance of the Order for execution is a statement of the Seller about accepting the offer. Upon its receipt by the Customer, a Sales Agreement is concluded.
7. After the conclusion of the Sales Agreement, the Seller confirms its terms by sending them on a Durable Medium to the email address of the Customer or in writing to the address indicated by the Customer during Account Registration or placing orders.

§ 5 Payments

1. The prices on the Shop Website placed at the given Goods are gross prices and do not contain information on the delivery costs and any other costs that the Customer will be obliged to pay in connection with the conclusion of the Sales Agreement and which will be informed when placing the Order.
2. The Customer may choose the following payment methods for ordered Goods:

    
bank transfer to the Seller's bank account (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order and after the Seller receives the information on the payment by the Customer);
     
payment card (in this case, the implementation of the Order will begin after the Seller sends the confirmation of the Order and after the Seller receives the information about the payment by the Customer);
    
cash on delivery (in this case, the implementation of the Order will be commenced after the Customer has sent the confirmation of the Order to the Customer).

3. The choice of available payment methods is made in the appropriate field of the Order form.
4. The Customer is always informed by the Seller on the Shop Website about the deadline in which he is obliged to make the payment for the Order in the amount resulting from the concluded Sales Agreement.
5. If the Customer fails to make the payment within the time limit referred to in § 5 para. 4, the Seller shall set an additional deadline for the Customer to make a payment and inform the Customer about it on a Durable Medium. The information about the additional payment deadline also includes the information that after the expiration of that period, the Seller will withdraw from the Sale Agreement. In the event of the ineffective expiry of the second deadline for making the payment, the Seller will send the Customer a Durable Declaration of withdrawal from the contract pursuant to art. 491 of the Civil Code.
§ 6 Delivery

1. The Seller performs delivery on the territory of the Republic of Poland.
2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
3. The Seller shall publish on the Shop Website information on the number of Business Days needed for the delivery.
4. Ordered goods are delivered to the customer to the address indicated in the Order form via professional shippers.
5. The choice of available delivery methods is made in the appropriate field of the Order form.
 § 7 Withdrawal from the contract

1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it without giving reasons within 14 days. Withdrawal from the contract may apply to all or parts covered by the Order of Goods.
2. The running of the deadline for withdrawal from the Sales Agreement begins with the Customer taking possession of the Goods.
3. The Customer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller.
4. In the event of withdrawal from the Sales Agreement, it is considered void.
5. If the Customer made a statement on withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Contract of Sale, return all payments made by him, including the cost of delivery of the Goods to the Customer. The Seller may withhold reimbursement of payments received from the Customer until receipt of the Goods back or delivery of proof of the Goods return, depending on which event occurs first.
7. If the Customer using the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Customer for additional costs incurred.
8. The Customer is obliged to return the Merchandise Merchandise immediately, but not later than within 14 days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
9. In the event of withdrawal from the Sales Agreement, the Customer bears only the direct cost of returning the Goods.
10. The Customer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.
§ 8 Complaint procedure

1. The Seller ensures delivery of the Goods free of physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:

    
submit a statement about the price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer exchanges the defective Product for a product free from defects or defect ̨ remove. This limitation does not apply if the product has already been replaced or repaired by the Seller̨ or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may replace the Goods free from defects, or instead of replacing the Goods, demand removal of the defect, unless it is impossible to bring things to the agreement in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
    
demand replacement of defective product with one free from defects or removal of defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer. The Seller may refuse to remedy the Client's task if it is impossible to bring the Defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

3. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
4. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one free from defects expires after one year, but the date may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement about the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods for one free of defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or remedying the defect.
5. All complaints about goods should be reported:
in writing to the following address: ul. Zakładowa 130 m.1 92-402 Łódź;
    
to the e-mail address: ewa.pawlikowska.ep@gmail.com

6. The Seller, within 14 days from the date of the request containing the complaint, will address the complaint of the Product or complaint related to the implementation of the Purchase Agreement notified by the Customer
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the following address: ewa.pawlikowska.ep@gmail.com. In the complaint, the customer should include a description of the problem. The Seller shall promptly, but no later than within 14 days, consider complaints and give the Customer a reply.
§ 9 Protection of personal data

1. The Administrator of personal data of Customers provided to the Seller on a voluntary basis as part of the Registration, placing a single Order and as part of the Seller's provision of services electronically or under other circumstances specified in the Regulations, is the Seller.
2. The Seller processes Clients' personal data in order to process Orders, provide the Seller with services electronically and other purposes specified in the Regulations. The data is processed only on the basis of legal provisions or consent expressed by the Customer in accordance with applicable law.
3. The set of personal data provided to the Seller is reported by the Seller to the General Inspector of Personal Data Protection.
4. The Customer submits his personal data to the Seller voluntarily, with the reservation, however, that failure to provide certain data in the Registration process prevents registration and creation of the Account and prevents the submission and execution of the Customer's order in the event of placing an order without registering an Account.
5. Anyone who provides their personal data to the Seller has the right to access their content and to correct it.
6. The Seller provides the opportunity to remove personal data from the collection, in particular in the event of deletion of the Account. The Seller may refuse to delete personal data if the Customer has not paid all amounts due to the Seller or violated the applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
7. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use.
8. The Seller transfers the Customer's personal data to the entity referred to in § 6 para. 4 to the extent necessary for the delivery.
§ 10 Final provisions

1. Settlement of any disputes arising between the Seller and the Customer who is a Consumer within the meaning of art. 221 of the Civil Code, is subject to the competent court in accordance with the provisions of the relevant provisions of the Code of Civil Procedure.
2. Settlement of any disputes arising between the Seller and the Customer who is not a Consumer within the meaning of art. 221 of the Civil Code, it is submitted to the competent court for the seat of the Seller.
3. The seller is liable for non-performance or improper performance of the contract. In the case of contracts concluded with Clients being Entrepreneurs, the Seller shall be liable only in case of intentional damage and within the limits of the actual losses suffered by the Client being the Entrepreneur.
4. In the event of a dispute arising out of the concluded Sales Agreement, the parties will endeavor to resolve it amicably. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
5. Every customer can use non-judicial means of dealing with complaints and redress. In this regard, it is possible for the client to use mediation. Lists of permanent mediators and existing mediation centers are transmitted and made available by the presidents of the competent regional courts.
6. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store's Website.
7. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations, which was in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Shop Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations on amendments to the Regulations by means of a message sent by e-mail containing a reference to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he / she is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §.
8. In matters not covered by these Regulations, the provisions of the Civil Code, the provisions of the Act on the provision of electronic services and other relevant provisions of the Polish law shall apply.
9. Regulations come into force on 04.1.2017.
 
SHIPMENT AND RETURNS

Supply

1. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
2. A maximum of 14 Business Days is required to complete the delivery (from Monday to Friday, excluding public holidays).
3. Ordered goods are delivered to the customer to the address indicated in the Order form via professional shippers.
4. The choice of available delivery methods is made in the appropriate field of the Order form.

Complaint procedure

1. The Seller ensures delivery of the Goods free of physical and legal defects. The Seller is liable to the Customer if the Product has a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:

    
submit a statement about the price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience for the Customer exchanges the defective Product for a product free from defects or defect ̨ remove. This limitation does not apply if the product has already been replaced or repaired by the Seller̨ or the Seller has not satisfied the obligation to replace the Goods with a product free from defects or to remove defects. Instead of the defect proposed by the Seller, the Customer may replace the Goods free from defects, or instead of replacing the Goods, demand removal of the defect, unless it is impossible to bring things to the agreement in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Goods free from defects, the type and significance of the defect is taken into account, and the inconvenience to which the Customer would otherwise expose himself is taken into account.
    
demand replacement of defective product with one free from defects or removal of defect. The seller is obliged to replace the defective product with one free of defects or to remove the defect within a reasonable time without excessive inconvenience to the customer. The Seller may refuse to remedy the Client's task if it is impossible to bring the Defective Goods into conformity with the Sales Agreement in the manner chosen by the Customer or if it would require excessive costs compared to the second possible way of achieving compliance with the Sales Agreement. The costs of repair or replacement shall be borne by the Seller.

3. The Customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of the Customer being a Consumer, the delivery cost is covered by the Seller.
4. The Seller is liable under the warranty if the physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for removing a defect or replacing the Goods with a one free from defects expires after one year, but the date may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a statement about the price reduction due to a defect in the Goods. If the Customer requested a replacement of the Goods for one free of defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or remedying the defect.
5. All complaints about goods should be reported:

    in writing to the following address: Zakładowa 130 m1 92-402 Łódź;
    
to the e-mail address: ewa.pawlikowska.ep@gmail.com.

6. The Seller, within 14 days from the date of the request containing the complaint, will address the complaint of the Product or complaint related to the implementation of the Purchase Agreement notified by the Customer

Withdrawal from the contract

1. A Customer who is a Consumer who has concluded a Sales Agreement may withdraw from it without giving reasons within 14 days. Withdrawal from the contract may apply to all or parts covered by the Order of Goods.
2. The running of the deadline for withdrawal from the Sales Agreement begins with the Customer taking possession of the Goods.
3. The Customer may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. To comply with the deadline, it is enough to send a statement before its expiry.
4. In the event of withdrawal from the Sales Agreement, it is considered void.
5. If the Customer made a statement on withdrawal from the Sales Agreement before the Seller accepted his offer̨, the offer ceases to be binding.
6. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Customer's statement of withdrawal from the Contract of Sale, return all payments made by him, including the cost of delivery of the Goods to the Customer. The Seller may withhold reimbursement of payments received from the Customer until receipt of the Goods back or delivery of proof of the Goods return, depending on which event occurs first.
7. If the Customer using the right of withdrawal has chosen the method of delivery of the Goods other than the cheapest method of delivery offered by the Seller, the Seller shall not be obliged to reimburse the Customer for additional costs incurred.
8. The Customer is obliged to return the Merchandise Merchandise immediately, but not later than within 14 days from the date on which he resigned from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller's address before the deadline expires.
9. In the event of withdrawal from the Sales Agreement, the Customer bears only the direct cost of returning the Goods.
10. The Customer is liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller shall refund the payment using the same method of payment as used by the Customer, unless the Customer has expressly agreed to a different method of return that does not involve any costs for him.
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