§1 GENERAL PROVISIONS
These Online Store Regulations define the rules of using the Online Store, including, inter alia, the submission and implementation of Orders, using the Customer Account, complaint procedure, rights related to withdrawal from the Sales Agreement. The Regulations are made available to the Customer at the Store Regulations free of charge, before the conclusion of the Sales Agreement, in a way that allows the acquisition, reproduction and recording of the content of the Regulations using the ICT System used by the Customer. The customer is obliged to comply with all the provisions of the Regulations. The sale takes place on the basis of the current version of these Regulations, i.e. the version that is binding and accepted by the Customer at the time of placing the Order. The conclusion of the contract for the electronic provision of the Customer Account services indicated in these Regulations is subject to registration in the Online Store, reading and acceptance of the content of these Regulations. By concluding a contract for the provision of electronic services of the Customer Account, the Seller undertakes to provide the Customer with permanent access to the Customer Account and to use the Online Store to the full extent on the basis, under and on the terms set out in these Regulations.
Whenever the Regulations refer to:
"Sellers" - it ought to be understood as Moka design Monika Błaszkowska ul. Gryfa Pomorskiego 1/3 84-207 Bojano NIP: 958 128 45 57, REGON number: 220723515, e-mail email@example.com - which runs the Online Store and sells Goods through it;
"Client" - it should be understood as a natural person with full legal capacity, and in cases provided for by generally applicable law, a natural person with limited legal capacity, as well as a legal person or an organizational unit without legal personality, which the law grants legal capacity - using the Online Store, including the Customer Account created for it by the Seller;
"Consumer" - it ought to be understood as a Customer who is a natural person, using the Online Store, in particular making purchases, to the extent not directly related to the business or professional activity of the Customer;
"Parties" - it should be understood jointly by the Seller and the Customer;
"Sales contract" - it ought to be understood as a distance contract, the subject of which is the sale of the Goods by the Seller to the Customer in accordance with the principles set out in the Regulations.
"Online Store" - it ought to be understood as the internet platform www.amberdecor.pl administered by the Seller, available on-line via the website www.amberdecor.pl, through which the Customer can purchase the Goods;
"Teleinformation System" - it ought to be understood as a team of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of telecommunications network within the meaning of the Act of 16 July 2004 r. - Telecommunications Law (i.e. Journal of Laws of 2019, item 2460, as amended);
"Goods" - it ought to be understood as a movable item presented by the Seller in the Online Store, which may be the subject of a Sales Agreement. The photos of the Goods are for illustration purposes only; it means that the goods in the photos may slightly differ in their actual appearance due to the individual settings of the customer's computer equipment (e.g. color saturation, proportions)
"Customer Account" - it ought to be understood as an individual account created for the Customer as part of the provision of electronic services by the Seller, with the help of which the Customer accesses the Online Store and has the possibility, inter alia, to place Orders in a simplified manner;
"Electronic Address" - it ought to be understood as the designation of the Teleinformation System that enables communication by means of electronic communication, in particular electronic mail;
"Price" - it ought to be understood as the gross value of the Goods expressed in PLN, including the tax on goods and services. The price does not include the cost of delivery, which depends on the method of delivering the Goods to the Customer, as well as the value and size of the Order, and is provided when selecting the method of delivery of the Goods by the Customer. The total cost of the Order (i.e. the price of the Goods together with other costs, including delivery costs) is indicated in the basket before the Customer places the Order;
"Personal Data" - it ought to be understood as information about an identified or identifiable natural person;
"Personal Data Administrator" - it ought to be understood as a Seller who, acting in this role alone or jointly with others, sets the purposes and methods of processing Personal Data;
"Regulations" - it should be understood as this document;
"GDPR" - it should be understood as REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46 / EC (general regulation on data protection) (Journal of Laws UE.L.2016.119.1 of 04/05/2016);
"Order" should be understood as the Customer's declaration of intent made via the Online Store, specifying: the type and quantity of the ordered Goods; type of delivery; type and amount of payment; place of delivery of the item, customer data constituting an offer to conclude a Sales Agreement between the Customer and the Seller.
§3 GENERAL CHARACTERISTICS OF THE ONLINE STORE
The Online Store is run by the Seller. The Online Store is not intended for wholesale. If the Customer wishes to purchase the Goods in wholesale quantities, the Customer should contact the Seller by e-mail by sending an inquiry to the Seller's Electronic Address: firstname.lastname@example.org the implementation of such an Order, informing the Customer about it through an appropriate message in the Online Store or by contacting the Customer on this subject. Information about the Goods posted on the website of the Online Store does not constitute an offer within the meaning of the Civil Code, but an invitation to submit offers within the meaning of Art. 71 of the Civil Code. Information about the Goods posted in the Online Store is not tantamount to the fact that the Goods are actually available from the Seller and it is possible to process the Order for them. The goods presented in the Online Store may have a manufacturer's, importer's or Seller's warranty, which covers the territory of Poland. The warranty period for each Product is indicated in its description. Detailed conditions for the implementation of the guarantee are specified in the guarantee card issued by the guarantor. The Seller reserves the right to change the Prices of the Goods presented in the Online Store, introduce new Goods to the offer, remove the Goods from the offer or change their description, conduct promotional campaigns in the Online Store, in particular on the basis of the regulations of a given promotion. The introduced changes do not affect the effectiveness and performance of previously placed Orders by the Customer. The Seller ensures the availability of the Online Store for the Customer only on-line and provided that the Customer provides at his own expense: computer hardware with an operating system that allows the use of Internet resources, connection to the Internet; access to an individual e-mail account; a correctly configured web browser in the latest official version with the option of handling cookies (e.g. Mozilla Firefox, Google Chrome, Safari, Opera) Subject to other provisions of the Regulations, the Online Store is available to the Customer during the period of using the Online Store, 24 hours a day, seven days a week. The Seller reserves the possibility of the on-line unavailability of the Online Store for the Customer in order to ensure the security and stability of the Online Store for the purposes of repairs, maintenance, removal of failures, necessary adaptations, changes and other similar activities. The Seller reserves the right to change the functionality of the Online Store, both by expanding it with new functions and changing the existing functionality.
§4 CUSTOMER ACCOUNT
The condition for the Customer to use the full range of functionalities of the Online Store is the acceptance of the provisions of the Regulations, free registration of the Customer Account in the Online Store and confirmation of this registration by the Seller. Creating a Customer Account is not necessary to place an Order in the Online Store. By registering the Customer Account and accepting the provisions of the Regulations, the Customer submits a declaration of will expressing consent to the electronic provision of Customer Account services in accordance with the provisions of the Regulations. When registering a Customer Account, he enters a login and password of his own and known only to himself. The customer is obliged to ensure that his login and password remain confidential, and in particular may not disclose them to unauthorized persons. In order to register the Customer Account, the Customer should: complete the registration form located in the Online Store; fill in all fields on the form marked with an asterisk as mandatory; accept the Regulations. The data entered into the registration form during registration of the Customer Account should relate to the Customer and should be true. During the registration of the Customer Account, the confirmation of registration of the Customer Account in the Online Store will be sent to the Electronic Address indicated in the registration application, with a request to verify the data and complete the registration of the Customer Account. At this moment, an agreement is concluded for the electronic provision of the Customer Account service, and the Customer gains the ability to access the Customer Account and make changes to the data provided during registration. The Seller may refuse to accept the registration of the Customer Account and conclude a contract for the provision of electronic services for important reasons.
§5 ORDERS AND THEIR IMPLEMENTATION
Orders can be placed via the electronic Order form available in the Online Store, 24 hours a day, 7 days a week. The Customer may place an Order after logging in to the Customer Account or without an Account by providing the data indicated in the electronic Order form necessary to complete the Order. In order to place an Order via the Online Store, the Customer adds the selected Goods to the basket by selecting the type and number of Goods and pressing the "ADD TO CART" button and taking other technical activities based on the messages displayed to the Customer, including the method of delivery and payment method. Then the Customer places an Order by sending an electronic Order form to the Seller by selecting the "Order with payment obligation" button on the Online Store website (or its equivalent). In order to place an Order, the Customer must first accept the provisions of the Regulations. In the summary of the Order, before its shipment to the Seller, the Customer receives information about the main features of the ordered Goods, the total cost of the Order, i.e. the Price for the selected Goods, the cost of delivery, as well as all additional costs charged to him in connection with the Order. Sending the Order by the Customer constitutes an offer to the Seller to conclude an Agreement for the sale of the Goods being the subject of the Order. After placing the Order, the Seller sends information about the acceptance of the Order for execution to the E-mail address provided by the Customer. This information constitutes the Seller's declaration of acceptance of the offer, which is tantamount to the conclusion of the Sales Agreement by the Parties. The price specified in the basket is binding and final at the time of placing the Order by the Customer.
For an Order placed in the Online Store, the Customer may pay:
cash on delivery - in the case of delivery of the Goods by courier or collection of the Goods personally by the Customer,
or in advance - by traditional transfer to the Seller's payment account No. 60 1140 2004 0000 3702 7544 1789 or by electronic payments and card payments via electronic payment operators.
When making a payment, the customer will be informed about its amount immediately before it is made, as well as about the available payment methods and the data of the operator performing the payment. Detailed regulations for making payments through electronic payment operators are available on the operator's website. In order to make a payment via the electronic payment operator, the Customer should follow the instructions provided by the electronic payment operator to which he will be redirected from the Online Store, and immediately pay for the placed Order. The Customer declares that he agrees to the use and transmission by the Service Provider of electronic invoices that do not require signatures of the parties in pdf format by sending them to the Electronic Address provided by the Customer. The Seller provides the Customer with an electronic invoice immediately after receiving the payment for the Order. The Seller delivers the Goods only on the territory of the Republic of Poland, unless otherwise stated in the description of the given Goods. By placing an Order, the Customer selects the method of delivery of the Goods. The goods may be delivered to the customer: using a courier company, using a parcel locker, by personal collection of the Goods by the Customer at the Seller's facility. The Seller places information on the number of working days needed to deliver the Goods using a specific delivery method in the Online Store. When collecting the parcel with the Goods, the Customer should check its condition, and in the event of damage or breach of the packaging, it is recommended that the Customer draws up a damage report in the presence of the person issuing the Goods. The customer should immediately send the Seller a damage report along with any complaint. The Seller reserves a maximum duration of the Order of 30 days. After the expiry of this period, the Customer may cancel the Order by sending a statement to the Seller about the cancellation of the Order. In this case, the Seller shall immediately return to the Customer who is a Consumer all payments made by him, including any costs of delivering the Goods. The Seller attaches to each delivered Order a confirmation of sale in the form of a VAT invoice or fiscal receipt. If the Ordering Party is a VAT payer and wants to receive an invoice, he should send the Seller relevant information about it, e.g. via e-mail immediately after the purchase, providing the necessary data.
§6 TERMINATION AND TERMINATION OF THE CONTRACT FOR THE PROVISION OF SERVICES
This chapter does not apply to Sales Agreements, but applies only to contracts for the provision of electronic services for maintaining a Customer Account. The contract for the provision of electronic services may be terminated by the Customer at any time via the Online Store. The Seller will confirm the termination of the contract by sending a message to the Customer to the Electronic Address provided by the Customer in the Customer Account. The seller has the right to terminate the contract for the provision of electronic services at any time for important reasons with a 14-day notice period. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the Electronic Address indicated by the Customer in the Customer Account. The contract for the provision of electronic services expires in the event of: Customer's death or liquidation; Liquidation of the Seller or cessation of business activity by the Seller.
§7 PROTECTION OF PERSONAL DATA
The customer is obliged to use the Online Store in accordance with its purpose and refrain from any activity that could disrupt its proper functioning. The customer is prohibited from introducing illegal content to the area of the Online Store. The Customer is fully responsible for the correctness, scope, completeness, content and compliance with the law of the data entered and stored in the Customer Account. To the extent permitted by law, the Seller is not responsible for: blocking by administrators of mail servers that handle the Customer's e-mail messages, the Seller's messages sent to the Customer's Electronic Address, and for deleting and blocking e-mails sent by the Seller by software installed on the computer equipment used by the Customer; malfunction of the Online Store resulting from the fact that the Customer's computer hardware, software or Internet access do not meet the technical requirements specified in the Regulations; consequences of providing incorrect or untrue customer data by the Customer when registering a Customer Account or placing an Order. The Online Store may contain links to other websites. The seller is not responsible for the content, form and correctness of the information contained in these links. Viewing the content of the links is at the Client's own risk. The Seller reserves the right to place advertising content in any part of the Online Store in the forms used on the Internet. The Seller is not responsible for the advertising content posted in the Online Store and for the resulting claims of third parties. Subject to mandatory provisions of law, to the maximum extent permitted by law, the Seller's liability for damage caused to Customers who are not Consumers is limited to the amount that such Customer paid the Seller for the purchase of a given Good, regardless of the source and legal basis of the Customer's non-Consumer claim, and also excluded there is liability for lost profits.
§ 9 WITHDRAWAL FROM THE SALES CONTRACT
The consumer is entitled to withdraw from the concluded Sales Agreement, without giving any reason, within 14 days from the date of receipt of the Order. This period starts running: from taking possession of the Goods by the Consumer or a third party designated by him other than the carrier, if the Sales Agreement covers many Goods that are delivered separately, in batches or in parts - from taking possession of the last Good, batch or part if the Sales Agreement consists in the regular delivery of items for a specified period of time - from taking possession of the first item; for other cases - from the date of the Sale Agreement. In order to meet the deadline to withdraw from the contract of sale, it is sufficient for the consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline to withdraw from the contract. In order to exercise the right to withdraw from the Sales Agreement, the Consumer is obliged to provide the Seller with a declaration of withdrawal, preferring to the Electronic Address email@example.com.If the Consumer uses this option, the Seller will immediately send the Consumer a confirmation of receipt of the information on withdrawal from the contract on a durable medium ( for example by e-mail). The declaration of withdrawal from the Sales Agreement may be formulated by the Consumer as follows (however, the following formula is not obligatory):
Statement of withdrawal from the Sales Agreement
Seller's Name: Moka design Monika Błaszkowska
Seller's address: ul. Gryfa Pomorski 1/3 84-207 Bojano
Seller's e-mail: firstname.lastname@example.org
I / we (*) hereby withdraw from the contract for the purchase of the following Goods concluded by (e) me / us (*): ____________________________________________________
Ordered on (*) / received on (*) ____________________________________
Consumer's name and surname: ____________________________________________
Consumer's address: ____________________________________________________
Consumer's signature (s) (only for paper-based declarations): _______________________
(*) delete as appropriate In the event of withdrawal from the Sales Agreement, the contract is considered void.
The Seller shall return to the Consumer all payments received in connection with the Sales Agreement, from which the Consumer withdraws, in particular the Price of the Goods and the cost of delivery, and in the scope of the reimbursement of delivery costs, the Seller is obliged to reimburse only the cost of the usual, cheapest method of delivering the Order, offered by the Seller. Direct costs related to the return of the Goods, resulting from the Consumer's withdrawal from the Sales Agreement, are borne by the Consumer. The Seller will refund the payments received from the Consumer, including the Price of the Goods and the cost of delivery, immediately, but not later than within 14 days from the date of receipt of the statement on withdrawal from the Sales Agreement sent by the Consumer, subject to paragraph 8 below. The reimbursement will be made through the same payment channel that the Consumer used to pay for the Goods, unless the Seller and the Consumer agree otherwise. A consumer who has withdrawn from the Sales Agreement is obliged to return the Goods to the Seller immediately, but not later than 14 days from the date of withdrawal. To meet the deadline, it is enough to return the Goods before its expiry. The returned Goods should maintain the condition not exceeding that necessary to establish the nature of the Goods, their features and functioning. The Seller may withhold the reimbursement of the payment for the Goods until receipt of the goods or until proof of its return is provided to the Seller, depending on which event occurs first. The right to withdraw from the Sales Agreement is not entitled to the Consumer in relation to the Sales Agreements: in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specification or serving to satisfy his individual needs; in which the subject of the service is an item that deteriorates quickly or has a short shelf-life; in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the packaging has been opened after delivery; in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items; in which the subject of the service are sound or visual recordings or computer software delivered in a sealed package, if the package has been opened after delivery; for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts; for the delivery of digital content that is not recorded on a tangible medium, if the performance began with the consumer's express consent before the deadline to withdraw from the contract and after informing the entrepreneur about the loss of the right to withdraw from the contract. The Consumer's rights referred to in this § 9 are also entitled to the Customer who is a natural person concluding a contract directly related to his business, if the content of this contract shows that he does not have a professional nature for that person, resulting in particular from the object performed by business activity, made available on the basis of the provisions on the Central Register and Information
§10 DEFECTS OF GOODS. COMPLAINTS.
The Seller is obliged to provide the Customer with Goods free from defects. The Seller is liable to the Customer, on a warranty basis, for physical or legal defects of the Goods purchased by that Customer. In the case of a sale that is not a consumer sale, the provisions of Articles 556-576 of the Civil Code are excluded, taking into account Art. 5564 and 5565 of the Civil Code. The consumer has the right to demand a price reduction, removal of the defect, replacement of the defective product with a new one or withdrawal from the Sales Agreement. This right is also granted to the Customer who is a natural person concluding a contract directly related to his business activity, if the content of this contract shows that he does not have a professional character for this person, resulting in particular from the subject of his business activity, made available on the basis of the provisions on Central Register and Information on Economic Activity. The Customer may submit complaints and information related to the non-performance or improper performance of the Sales Agreement by the Seller, including defects in the Goods, or the provision of electronic services specified in the Regulations in any form, including in particular by electronic means to the Seller's Electronic Address email@example.com or by post to the Seller's address: Moka Design Monika Błaszkowska ul. Gryfa Pomorski 1/3 84-207 Bojano In order to efficiently consider a complaint, it should include: Data of the person submitting the complaint (name and surname / name and address of the Customer, Electronic Address); Description of the event giving rise to the complaint; Customer expectations as to the manner of satisfying the complaint request; Proof of purchase, if the complaint concerns the ordered Goods. In the case of complaints about defects in the Goods, the Customer is obliged to deliver the defective Goods to the address of the Seller. In the case of a Consumer, the cost of delivery is covered by the Seller. The Seller, within 14 (fourteen) calendar days of receiving a complete complaint notification, will respond to the Customer's complaint and notify him of further actions related to the complaint. If the complaint is considered in favor of the Customer, the costs of replacing or repairing the Goods shall be borne by the Seller. The customer will receive information on the method of handling the complaint by electronic mail to the e-mail address provided in the complaint.
§11 FINAL PROVISIONS
These Regulations enter into force on March 1, 2021 The Seller reserves the right to unilaterally change the provisions of the Regulations, without the need to justify the reasons for such a change, and at the same time undertakes to inform the Customer about each change of the Regulations by placing a uniform text of the Regulations on the website here Amendments to the Regulations do not affect orders placed by the Customer before the amendments to the Regulations enter into force - such orders are carried out in accordance with the provisions of the Regulations in force on the date of placing the order. Changes made to the Regulations come into force after 7 days from the moment their content is made available on the website here In matters not covered by these Regulations, the relevant provisions of Polish law shall apply, in particular the provisions of the Act of 23 April 1964 of the Civil Code (i.e. Journal of Laws of 2020, item 1740, as amended) and the provisions of the Act of May 30 2014 on consumer rights (Journal of Laws of 2020, item 287 as amended). Any disputes arising from the performance of the Sales Agreement, the Parties will try to resolve amicably. In the event of a disagreement between the parties who are entrepreneurs as to the amicable settlement of the dispute within 60 days from the date of filing the claim, the court competent for the final resolution of the dispute will be the court competent for the seat of the Seller. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial means of dealing with complaints and redress. These include in particular: permanent consumer arbitration court operating at the Trade Inspection mediation proceedings for the amicable settlement of the dispute between the Customer and the Seller, which is conducted before the provincial inspector of the Trade Inspection; assistance in resolving a dispute between the Customer and the Seller provided by the relevant poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. platform of the online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform) available at http://ec.europa.eu/consumers/odr/