Regulations of the online store www.szepczacekruki.pl in force from 01/12/2018

These regulations specify the rules for the use of the Online Store www.szepczacekruki.pl including the principles of concluding and performing sales contracts through this website.

Definitions used in the Regulations:

Online store – a store operating at www.szepczacekruki.pl, selling goods in its offer via the Internet, run by “Twórca sztuk plastycznych: Krystyna Łopata”.

Delivery time – the time at which the Online Store will complete the order and will send it for delivery in a way chosen by a customer.

Working days – all days of the week from Monday to Friday, excluding statutory holidays.

Consumer – a natural person who makes a purchase for purposes not related to professional or commercial activity.

Customer – any entity making purchases via the Online Store.

The entity that makes the payment – an entity external in relation to the Online Store that mediates at the cash payment, cash on delivery payment, electronic transfer, bank transfer or PayPal

Deliverer – an entity external in relation to the Online Store that implements the delivery of goods ordered by the buyer from the storage house to the address specified by the buyer. The Buyer can choose the Deliverer from among the companies cooperating with the Internet Store.

Store – the place where the orders of the Buyers are completed.

Regulations – the above Online Store Regulations.

Order – Customer’s declaration of will submitted via the Order Form and aiming directly at concluding a contract for the sale of goods with the Seller.

Account – customer’s account in the Store, where the data given by the Customer and information on orders placed by him or her in the Store are collected.

Registration form – a form available in the Online store, enabling creation of an Account.

Order form – an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and defining the terms of the Sales Agreement, including the method of delivery and payment.

Basket – an element of the Online Store’s software, in which the goods selected for purchase are visible, and it is also possible to determine and modify the order data, in particular the quantity of products.

Goods – a movable item/ a service available in the Online Store that is a subject of the sales contract between the Customer and the Seller.

Sales contract – Product sales contract concluded between the Customer and the Seller via the Online Store. The Sale Agreement also means – in accordance with the features of the Product – a contract for the provision of services and a contract for specific work.

I. Offer

1. The information on the Online Store’s website does not constitute an offer within the meaning of the Civil Code. By placing an order using the mechanisms available on the websites www.szepczacekruki.pl the customer submits an offer to buy a specific product on the conditions specified in the product description.

2. All products available in the Online Store are brand new, free from physical and legal defects, subject to the so-called outlet products, where possible defects and damages are disclosed in the description of the product. Notwithstanding the above, all products in the Online Store have been legally introduced to the Polish market.

3. Part of the Online Store’s offer, especially large-size products, is sent in a condition requiring self-assembly, for transportation reasons. The installation/operating instructions are included with these and other products.

II. Receiving orders

The condition for starting using the Online Store is to read and accept these Regulations.

1. The buyer can submit: inquiry on the order/ orders for 24 (twenty-four) hours a day via the website www.szepczacekruki.pl

2. By placing an order, the Buyer concludes with the Online Store a sales contract for the ordered goods.

3. The buyer specifies in the order:

   • ordered goods,

   • the preferred method of delivery and the preferred method of payment,

   • delivery address, optionally: invoice data

4. Until the moment the order is completed (that is until it is given to be sent), the Buyer can make changes in it, including cancelling the order.

5. Technical requirements necessary to use the Online Store:

   • a correctly configured web browser that supports HTML, CSS, and JavaScript standards,

   • a screen resolution of 1024×768 pixels or higher,

   • enabled cookies and JavaScript,

   • active e-mail account

III. Contract performance

1. The time of receiving the shipment consists of the time of order implementation and delivery time, with only business days included.

2. The delivery time depends on the form of the chosen delivery method.

3. An order consisting of goods with different delivery time is sent after completing the whole order, i.e. after the longest of the given waiting times for the goods.

4. In the case of payment by bank transfer, the above deadline for the order is extended by the time of the transfer

5. If the Warehouse does not have goods or if the implementation of the Buyer’s order is not possible, the Online Store has the right to withdraw from the contract within 30 (thirty) days from the date of its conclusion.

6. If the estimated date of order implementation is longer than 30 (thirty) days, The Online Store has the right to withdraw from the contract within the time intended for the execution of the order.

7. If there are no goods in the Warehouse and ordering them from suppliers will not be possible within the time provided for the implementation of the order, the Online Store will immediately contact the Buyer (message to the e-mail address provided by the Buyer or by phone), requesting for deciding regarding further proceedings regarding the order.

IV. Availability of goods

1. The presence of the product on the product pages of the Online Store does not imply the availability of goods and the possibility of fulfilling the order.

2. The delivery of the ordered goods will be made only when the ordered goods are in the Warehouse.

V. Methods of payment

Payments for the goods can be made on delivery, by electronic transfer, bank transfer or PayPal – the order will be processed after the Online Shop has received from the Entity performing the payment confirmation of correct payment.

1. Payments for the goods can also be made in person (in cash) in the case of delivery of the order by courier in the option of payment on delivery or personal collection. In this case, the order will be processed after the Buyer completes the ordering process on the Online Store website.

VI. A proof of purchase

1. The Online Shop issues a sales document (proof of purchase), which is a receipt or a VAT invoice according to the choice made when placing an order.

2. If you want to receive the VAT invoice, you should indicate a “company” as a payer and fill an appropriate box in the form, while placing the order.

3. If you want to receive a proforma invoice, you must contact the Online Store by phone or e-mail and provide information about the order number and fax or e-mail address to which the proforma invoice should be sent.

VII. Prices

1. Prices on the Online Store website that appear at the offered goods are given in Polish Zlotys and include VAT.

2. The binding and final price is the price of the goods given on the Online Store at the time of placing the order by the Buyer.

3. The Buyer bears the costs of the selected method of delivery defined in the price list of Delivery Costs indicated in the Online Store in the “Shipping costs” tab, which depend on the size and weight of the ordered product and are visible to the Buyer in the shopping basket and calculated exactly before ordering.

4. Information on the total value of the order is presented after the Buyer chooses the form of delivery of the order and payment method.

5. The Online Shop reserves the right to make changes to the prices of goods on offer on an ongoing basis and to carry out and cancel all types of promotional campaigns and sales.

6. Orders placed before a price change, conditions of promotional campaign or sale enter into force will be carried out on the current basis.

VIII. Delivery costs

1. In his or hers correspondence covering inquiry about the goods or in the order, the Buyer specifies the destination country and determines with the Seller the method of delivery of goods and delivery costs.

2. Delivery costs of the ordered goods will be given to the Customer at the time of asking for goods or orders and they depend on the choice of delivery method and payment method.

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IX. Receiving shipments

1. The Buyer is obliged to check the condition of the parcel at the time of its receipt.

2. In the case of damage to the goods or lack of goods, the Buyer is obliged to inform the Seller about this.

X. Right of withdrawal

1. Pursuant to the Act of May 30, 2014. on consumer rights (Dz.U.2014 item 827), the Buyer being a Consumer has the right to withdraw from the concluded sales agreement without giving a reason within 14 days from the date of entry into possession of things by the Buyer or a third party designated by the Buyer, other than the carrier. Resignation can be made from all or part of the ordered goods.

2. In order to exercise the right to withdraw from the contract, the Customer should inform the Online Store of his/ her decision to withdraw from the contract by way of an unambiguous statement (for example, a letter sent by post, fax or e-mail) sent to the Store’s address.

3. To keep the deadline of withdrawal from the contract it is enough for the Customer to send information regarding exercising his/her law to withdraw from the contract before the before the withdrawal period.

4. An exemplary model of the withdrawal form is included under the link [form withdrawal from the contract and is additionally available on the Online Store website in the “Possibility of returning goods” tab. The consumer can use the form template, but it is not mandatory.

5. The customer bears the direct cost of returning the items.

6. In the event of withdrawal from the contract, the Online Store returns to Customers all payments received from him/her, including the cost of delivering the item, immediately, and in any case no later than 14 days from the day on which the Online Store was informed about the Customer’s right to withdraw from the contract.

7. The Online Store refunds the payment using the same method of payment that the consumer used, unless the consumer clearly agrees to the other method of payment that does not involve any costs from him. The Online Store may withhold the refund until receiving the item or until getting the proof of its return, depending on which event occurs first.

8. Customers are only liable for a reduction in the value of returned Goods resulting from their use in a manner different than it was necessary to establish the nature, characteristics and functioning things.

9. The consumer is not entitled to withdraw from the contract in the cases mentioned in art. 38 of the Consumer Rights Act, i.e. in particular in the case of a contract:

   • where the non-prefabricated item, manufactured according to the consumer’s specification or made for satisfying his individual needs is subject of service

   • in which an item subject to rapid deterioration or having a short shelf-life is the subject of the service

   • where the subject of the service is the item delivered in a sealed package, that after opening the package cannot be returned due to health protection reasons or hygiene reasons in the situation when the package has been opened after delivery

   • where the subject of the service are things that after delivery, due to their nature, are inseparably connected with other things

   • where the subject of the service are audio or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery.

10. The item should be returned unchanged (unless a change was necessary within the limits of ordinary management) along with complete equipment and accessories issued during its sale.

XI. Complaints about goods

1. Goods sold by the Online Shop may be covered by a guarantee provided by the manufacturer of the goods or the distributor of the given product.

2. In the case of goods for which the manufacturer or distributor gave a guarantee, the Buyer may complain about irregularities concerning the delivered goods using the rights resulting from the granted guarantee.

3. The Buyer complains about the equipment directly to the entity granting a guarantee and the Online Store is only the intermediary forwarding the complaint. The Buyer may, following his/her choice apply for warranty service directly or indirectly – via the Online Store.

4. The conditions and manner of the notification, as well as the way of consideration of the irregularities reported by the Buyer are specified in the manufacturer’s guarantee or a guarantee of the distributor of the given product.

5. Obtaining a guarantee for the purchased goods does not preclude the Buyer from using the rights due to consumers in connection with non-compliance of the goods with the contract.

6. The basis and scope of the Seller’s liability towards the Customer, if the product sold has a physical or legal defect (warranty) is defined by generally applicable laws, in particular in the Civil Code. In the case of sales not constituting consumer sales, the parties exclude liability under the warranty for physical defects of the goods (art. 558 c.c.).

7. Online Store within 14 (fourteen) days will address the Buyer’s complaint and inform him/her about how to proceed.

8. In order to submit a complaint, the Buyer should provide the complained product with the description of the complaint.

9. The Online Store is not responsible for the consequences of improper use of the product, which is not in accordance with the information on the leaflet or packaging.

XII. Personal data

1. Personal data are protected in accordance with the Act of 29 August 1997 on the protection of personal data (consolidated text Journal of Laws of 2002 No. 101 item 926, as amended) in a manner preventing access of third parties.

2. By registering in the Online Store, the Buyer agrees to the processing of personal data related to the implementation of orders made in the Online Store.

3. Personal data provided in the form for the ordering party is collected for following purposes:

   • implementation of the order placed in the Online Store

   • with the consent of the Buyer – in order to inform via email about commercial offers, new products or promotions of the Store

4. The Buyer is liable for providing false personal data.

5. Buyers have the right to inspect their personal data, correct them and request their removal.

6. The administrator of the collection of personal data (within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (Journal of Laws of 2002 No. 101, item 926, as amended), in which the personal data of the Buyer is processed is Auto-Puls Janusz Łopata ul. Zajęcza 20, 35-232 Rzeszów.

XIII. Final provisions

1. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in methods of payment and delivery – to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer about each change at least 7 days in advance.

2. The goods presented on the product pages of the Online Store do not constitute an offer within the meaning of the provisions of the Civil Code.

3. In matters not covered by these regulations, the provisions of the Civil Code or provisions of other legal acts applicable to the operation and functioning of the Store shall apply accordingly.

4. All disputes related to services provided by “Twórca sztuk plastycznych: Krystyna Łopata” via the Online Store shall be resolved by common courts competent for the registered office “Twórca sztuk plastycznych: Krystyna Łopata”.

5. The Buyer being a consumer has the opportunity o benefit from extra-judicial handling of complaints and redress. Detailed information on the possibility of Consumer’s making use of out-of-court means of dealing with complaints and redress and rules for access to these procedures are available at the offices and on the websites of district (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Provincial Inspectorates of Trade Inspection and the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_indywidualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

6. The Online Store does not accept returned parcels paid by cash on delivery.

7. The sales contract is concluded in Polish.

8. All names of goods offered for sale by the Online Store are used for identification purposes and may be protected and reserved on the basis of the provisions of the Industrial Property Law Act (Journal of Laws No. 119 of 2003 item 1117).