Shop rules

Regulations

Terms and Conditions

§1

Glossary of terms

  1. Seller – Zdzisława Mrugała, running a business under the name: “Rękami Stworzone Zdzisława Mrugała”, entered into the Central Register and Information on Economic Activity kept by the Polish Minister of Economy, NIP: 6551154529, REGON 366971674, with its registered office at Sikorskiego 13/44

, 28-100 Busko-Zdroj, Poland.

  1. Store – a website belonging to the Seller, available under the domain www.rekamistworzone.com
  2. Customer / Buyer – a natural person with full legal capacity, a legal person or an entity without legal personality, but with legal capacity, using the Services provided electronically on the terms described in these Regulations.
  3. Consumer – a natural person making a legal transaction with the Seller (sales contract via the Store) not directly related to its business or professional activity.
  4. Entrepreneur – a natural person, a legal person and an organizational unit that is not a legal person, to whom a separate act grants legal capacity, conducting business or professional activity on its own behalf, which is not a Consumer, and makes a purchase in order to perform professional activities.
  5. Entrepreneur with consumer rights – a natural person running a sole proprietorship, registered in the Central Register and Information on Economic Activity (CEIDG), concluding an agreement directly related to the conducted business activity, when the content of this agreement shows that it is not of a professional nature,

resulting in particular from the subject of its business activity.

  1. Regulations – these regulations.
  2. Goods – a movable item available for sale in the Store, in particular decorative items.
  3. Order – the Buyer’s declaration of intent aimed at concluding a remote sale of Goods via the Store, specifying at least the type and number of Goods. 

§2

General provisions

  1. The Regulations define the rules for the conclusion and performance of the contract for the sale of Goods in the Store and the rules for using the Store.
  2. To conclude a sales contract and use the Store, it is necessary to have devices that allow access to the Internet, e-mail and an Internet resource browser that allows you to view websites.
  3. The costs resulting from the use of the Internet by the Buyer depend on the price list of the telecommunications operator or Internet access service provider used by the Buyer and are charged to him/her personally.
  4. The Seller may communicate with the Buyer, and the Buyer with the Seller via e-mail (info@rekamistworzone.com or rekamistworzone@gmail.com), by phone at +48 698732497 (Monday to Friday from 8.00 to 19.00) and

in writing by letter to the Seller’s address.

  1. All electronic correspondence sent by the Seller is subject to anti-virus protection and is addressed only to a specific Buyer.
  2. The subject of the sale are the Goods presented by the Store at the time of placing the Order.
  3. The prices presented on the Store’s website are given in Polish zlotys or EUR or US $ – depending on the region the Buyer is connecting from. The prices include 23% Polish VAT.

Prices do not include delivery costs, custom fees for goods send to countries outside of European Union nor VAT fees of countries other than Poland. The customer will have to cover the customs+VAT fees of ordered Goods to their country, if those occure. In this case, the Polish VAT will be reimbursed to the Buyer by the same type of payment the Buyer used to pay for the Goods during 7 working days from the transaction date.

  1. The Seller sells through the Store in the territory of the Republic of Poland and to other countries listed in the form during the Order placement procedure.
  2. All Goods presented on the Store’s website are free from defects.
  3. The Seller has the right to change the price of the Goods, introduce and withdraw Goods, grant discounts on individual Goods and carry out and cancel promotions in the Store.

However, this does not limit in any way the rights acquired by the Buyers; i.e. the changes do not apply to Orders that have been placed.

  1. In the case of the sale of Goods, the quantity of which is limited, the execution of the Order depends on the order in which it is received by the Seller.
  2. It is forbidden for people using the Store (including Buyers) to post unlawful content in it.

§3

Placing orders

  1. The Seller makes it possible to place an Order via the Store by completing an interactive form.
  2. In order to place an Order through the Store’s website, add the selected Goods via the “Add to Cart” function, and then follow the further information displayed on the Store’s website until you click the “Confirm with payment obligation” button.
  3. After placing the Order, the Buyer receives immediately (within 1 working day) via e-mail confirmation of placing the Order, containing information about all relevant terms of the contract for the sale of the Goods – confirming the acceptance of the Order for execution and conclusion of the contract for the sale of the Goods – provided that the contact e-mail address is provided

– email by the customer.

  1. Cancellation or modification of the Order is possible by the Buyer until the payment for the Goods is made.

For this purpose, please contact the Seller as soon as possible after placing the Order. This does not in any way affect the rights of consumers to withdraw from the contract within 14 days of receiving the Goods.

  1. The Seller provides the following payment methods:

1) by transfer to the Seller’s bank account (enter the name of the Order in the title of the transfer),

2) via PayPal electronic payment systems (provided by PayPal Europe S.à r.l. et Cie, S.C.A. based in Luxembourg, L-2449),

3) by Przelewy 24 instant transfer, the payment system provided by PayPro S.A.Ul.

Kanclerska 15, 60-327 Poznan, Poland.

  1. The Buyer making the payment by bank transfer should pay for the Goods within 7 days of receiving information about the confirmation of the Order.

After this date, the Seller’s offer is not binding.

  1. Information on delivery costs is displayed in the Order placement procedure (in an interactive form).

Delivery costs are added to the price of the Goods and are borne by the Buyer as follows:

1) InPost courier in Poland – PLN 14

2) DHL courier in Poland – PLN 19

3) foreign shipments (except for the USA and Great Britain): PLN 16 (Poczta Polska – priority registered letter)

4) foreign shipments to the USA: PLN 42 (Global Express) or PLN 80 (UPS)

5) international shipments to Great Britain: PLN 80 (UPS)

6) personal collection only after prior arrangement of the possibility and date of personal collection – PLN 0

§4

Order fulfillment

  1. The condition for the execution of the Order placed by the Buyer is providing true personal and contact data when completing the interactive form (enabling verification and confirmation of acceptance of the Order).
  2. In the event of incorrect or insufficient completion of the interactive form, the Seller will make every effort to contact the Buyer to confirm the submission of the Order.

If the Order cannot be confirmed within 7 days due to the lack of contact with the Buyer, the Seller’s offer is not binding.

  1. The time to prepare the Goods for shipment is about 2 working days.

To this time, the time necessary for the delivery of the Goods should be added. The delivery time is approximately 1 to 2 working days. The total time for the execution of the Order is a maximum of 14 days from the date of receipt of the payment on the Seller’s account.

  1. In the event of a possible extension of the Order completion time, the Buyer is immediately informed about it.
  2. If the buyer is a Consumer, the Seller issues the Goods to the Buyer no later than thirty days from the date of conclusion of the contract, unless the contract provides otherwise.
  1. The proof of purchase is a receipt or VAT invoice, which the Buyer receives together with the Goods or in a separate shipment.
  2. The Seller delivers the Goods via Poczta Polska, a courier company or by personal collection by the Buyer at the Seller’s headquarters.
  3. The place of performance by the Seller is the place of receipt of the Goods (delivery address) indicated by the Buyer in the Order placement procedure.
  4. When collecting the parcel delivered by the courier, the Buyer is obliged to examine it (pursuant to Article 545 § 2 of the Civil Code).

In the event of damage to the shipment, the Seller recommends drawing up a damage report in the presence of the courier and immediately informing the Seller about it. Failure to draw up a damage report is not tantamount to the expiry of the Consumer’s right to file a complaint regarding damage caused during the shipment; however, the protocol is helpful in the complaint procedure. The lack of a shipping damage report may make it difficult for the Consumer to pursue any claims against the Seller and to determine the person responsible for the damage to the package. Complaints regarding damage caused during the shipment submitted by Buyers who are not Consumers, without the attached damage report, will not be considered.

§5

Non-compliance of the goods with the contract (Complaints)

  1. The Seller delivers the Goods in accordance with the Agreement.

If the Goods are inconsistent with the Agreement, the Seller is liable to the Consumer or Entrepreneur with consumer rights for bringing them into compliance with the Agreement under the provisions of Chapter 5a of the Act on consumer rights.

  1. Within two years from the delivery of the Goods to the Consumer or Entrepreneur with consumer rights, the Seller shall be liable for the non-compliance of the Goods with the Agreement.

Non-conformity with the Agreement occurs if:

  • description, type, quantity, quality, completeness and functionality of the Goods are inconsistent with the Agreement,
  • the Goods are not useful for a specific purpose for which they are needed by the Consumer or Entrepreneur with consumer rights and for which purpose he notified the Seller at the latest at the time of concluding the Agreement and which the Seller accepted,
  • the Goods are not suitable for the purpose for which Goods of this type are usually used,
  • the Goods do not provide the durability and safety that can be expected for this type of Goods, or they are not present in the specified quantity,
  • The goods have not been delivered with packaging, accessories and instructions that the Consumer or Entrepreneur with consumer rights may reasonably expect to be provided,
  • The product does not correspond to the model or sample provided before purchase, non-compliance of the Goods with the Agreement results from improper installation of the Goods, if it was carried out by the Seller or under his responsibility, or improper installation carried out by the Consumer or Entrepreneur on consumer rights was the result of errors in the instructions provided by the Seller.
  1. In the event of non-compliance of the Goods with the Agreement, the Consumer or Entrepreneur with consumer rights is entitled to a claim against the Seller to bring the Goods into conformity with the Agreement by repairing or replacing the Goods with a new one.

The Seller may make a replacement when the Consumer or Entrepreneur with consumer rights requests repair, or may make a repair when the Consumer or Entrepreneur with consumer rights requests replacement, or refuse to bring the Goods into compliance with the Agreement if the Goods are brought into conformity with the Agreement in a manner chosen by the Consumer or Entrepreneur with consumer rights is impossible or would require excessive costs for the Seller.

  1. The consumer or Entrepreneur with consumer rights may demand a price reduction or withdraw from the Agreement if:
  • The Seller refused to bring the Goods into compliance with the Agreement in accordance with sec.3 sentence 2 above,
  • the Seller did not bring the Goods into compliance with the Agreement within a reasonable time or bringing the Goods into compliance with the Agreement would result in excessive inconvenience to the Consumer or Entrepreneur with consumer rights,
  • the Seller did not collect the Goods made available by the Consumer or Entrepreneur on consumer rights,
  • the Goods were installed before the non-compliance of the Goods with the Agreement was revealed, and the Seller did not disassemble the Goods, or dismantled them but did not reassemble them after repair or replacement, or did not commission these activities at its own expense, the non-compliance of the Goods with the Agreement still occurs, even though the Seller has tried to bring the Goods into conformity with the Agreement,
  • The lack of conformity of the Goods with the Agreement is significant enough to justify an immediate price reduction or withdrawal from the Agreement, without prior use of the possibility of repairing or replacing the Goods, it is clear from the Seller’s statement or circumstances that he will not bring the Goods into compliance with the Agreement within a reasonable time or without excessive inconvenience to the Consumer or Entrepreneur on consumer rights.
  1. A consumer or Entrepreneur with consumer rights may not withdraw from the Agreement if the lack of conformity of the Goods with the Agreement is immaterial.

It is presumed that the lack of conformity of the Goods with the Agreement is significant.

  1. If the lack of conformity with the Agreement concerns only some of the Goods delivered under the Agreement, the Consumer or Entrepreneur with consumer rights may withdraw from the Agreement only in relation to these Goods, or in relation to other Goods purchased together with Goods that do not comply with the Agreement, if it is impossible

reasonably expect the Consumer or Entrepreneur with consumer rights to agree to retain only the Goods in accordance with the Agreement.

  1. A complaint regarding non-compliance of the Goods with the Agreement may be submitted in any form, to the Seller’s contact details, along with a description of the defect and proof of purchase.The Seller provides on the Store’s website a sample complaint template that the Customer can use.
  2. The complaint should include in particular the following data: name and surname, address, order number (ID), transaction date, subject and reason for the complaint, bank account number and contact details.
  3. The Consumer or Entrepreneur with consumer rights will receive information on how to consider the complaint within 14 days from the day following the date of receipt by the Seller of information about the complaint.

The consumer or Entrepreneur with consumer rights will be notified of the settlement of the complaint to the e-mail address provided by him when placing the order.

  1. The seller returns the amounts due as a result of exercising the right to reduce the price immediately, not later than within 14 days from the date of receipt of the statement on price reduction.

In the event of withdrawal from the Agreement, if the Seller has not proposed that he will collect the Goods himself from the Consumer or the Entrepreneur on consumer rights, he may withhold the reimbursement until he receives the Goods back or provides proof of sending them back, depending on which event occurs earlier.

§6

Withdrawal from a distance contract

  1. The Buyer who is a Consumer or an Entrepreneur with consumer rights who has concluded a distance or off-premises contract has the right to withdraw from the concluded sales contract within 14 days from the date of handing over the goods to him without giving a reason.
  2. The period specified in par.

1 begins with the delivery of the Goods to the Customer.

  1. To meet the deadline for withdrawal from the contract, it is enough to send a statement of withdrawal to the Seller, before its expiry, to the e-mail address: info@rekamistworzone.com or rekamistworzone@gmail.com
  2. If the Customer sends a declaration of withdrawal from the contract by traditional means (mail, courier), the date of sending the correspondence is important for the 14-day withdrawal period.
  3. The customer may use the model withdrawal form attached to these Regulations, but it is not mandatory.
  4. In the event of withdrawal from the contract, the contract is considered void.
  5. The right to withdraw from a distance contract is not entitled to the Customer in relation to the contract:

7.1. for the provision of services, if the Seller has fully performed the service with the express consent of the Customer, 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,

7.2 Items made to the Customer’s special order (personalized) are not returnable.

  1. In the event of withdrawal from the contract, the Consumer is obliged to return the Goods immediately, but not later than 14 days from the date on which he withdrew from the contract.
  2. The consumer is liable for the decrease in the value of the Goods 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.
  3. In the event of withdrawal from the contract, the Seller returns all payments received from the Consumer, including the costs of delivering the Goods to the Consumer (except for additional costs resulting from the method of delivery chosen by the Consumer other than the cheapest usual method of delivery offered by the Seller), immediately and in any case

no later than 14 days from the date on which the Seller was informed about the Consumer’s exercise of the right to withdraw from the contract.

  1. The refund is made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer expressly agreed to a different solution.
  2. The Seller may withhold the reimbursement until receipt of the Goods or until the Seller has been provided with proof of its return, depending on which event occurs first.
  3. The Consumer bears the direct costs of returning the Goods – in accordance with the carrier’s price list, by means of which the Consumer delivers the returned Goods to the Seller, i.e. the Consumer sends the Goods back to the Seller at his own expense, which is not refundable.
  4. The consumer may use extrajudicial means of dealing with complaints and pursuing claims.

In order to take advantage of the possibility of amicable resolution of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR online platform, available at: http://ec.europa.eu/consumers/odr/

§7

Protection of personal data and privacy

  1. By completing the Registration form/interactive Order form, the Buyer declares that the data provided therein is consistent with the facts.
  2. By completing the above-mentioned

forms The Buyer agrees to the processing of the provided data for the purpose of performance and handling of the contract for the sale of the Goods by the Seller, who is also the data controller, in accordance with the provisions of the Act of 29 August 1997 on the protection of personal data.

  1. Personal data contained in the Seller’s database are not transferred to entities not participating in the implementation of the contract for the sale of Goods.
  2. Pursuant to the above-mentioned Act, the Buyer has the right to inspect their personal data, the possibility of correcting and deleting them.

The Seller provides each Buyer with the right to control the processing of data in accordance with art. 32 of the Personal Data Protection Act.

  1. Providing personal data is voluntary, however, the lack of consent specified in § 7 para.2 for the processing of personal data prevents the sale of the Goods to the Buyer.
  1. Cookies are used on the Store’s website.

They are used to ensure maximum convenience for all users (including Buyers) when using the Store (remembering preferences and settings on the website, collecting anonymous data for advertising and statistical purposes). Using the Store without changing the browser settings for cookies means that they will be placed on the end device of each user. If the user does not agree to the use of cookies, he should change the settings of his browser.

§8

Final Provisions

  1. In matters not covered by the Regulations, the provisions of generally applicable law shall apply, including in particular the provisions of the Polish Civil Code and the Act of 30 May 2014 on consumer rights.
  2. The Regulations do not exclude or limit any rights of the Consumer, which he is entitled to under the mandatory provisions of law.

In the event of a conflict between the provisions of the Regulations and the mandatory provisions of law granting Consumers rights, these provisions shall prevail. Provisions of contracts less favorable to the Consumer than the provisions of the Act on Consumer Rights are invalid, and the provisions of this Act shall apply in their place.

  1. The Regulations are available to all Buyers in an electronic version on the Store’s website www.rekamistworzone.com (“Regulations” tab) and are valid in this version from January 1sth 2023. The Regulations in force until December 31, 2022 are available below under the name

“Regulations until December 31, 2022”.

  1. The content of the concluded contract is recorded, secured and made available to the Buyer by:

1) making the Regulations available on the terms set out in § 8 sec.

3 of the Regulations,

2) sending an e-mail to the Buyer,

3) attaching proof of purchase to shipments.

 

 

“Regulations until December 31, 2022”

  1. General provisions
  2. These Terms and Conditions specify the general conditions and ways of provision of Services electronically and selling via the Online Shop rekamistworzone.com. The Shop is operated by Zdzisława Mrugała, conducting business activity under the business name „Rękami Stworzone Zdzisława Mrugała”, entered to the Central Registration and Information on Economic Activity (CEIDG) maintained by the Minister of Development, with its registered office in Os. Sikorskiego 13/44, 28-100 Busko-Zdrój, Poland, Taxpayer Identification (NIP) Number: 6551154529, National Official Register of Business Entities (REGON) Number: 366971674, hereinafter referred to as the Seller.
  3. The Seller may be contacted by:
    1. email: info@rekamistworzone.com, rekamistworzone@gmail.com;
    2. contact form available on the Online Shop website.
  4. These Terms and Conditions are always available at the website www.rekamistworzone.com, which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
  5. The Seller informs that taking advantage of Services provided electronically may be associated with a risk to any user of the Internet of introducing a malware on a computer system or obtaining and modifying Customers’ data by unauthorized persons. Therefore the Customer should apply appropriate technical measures to minimize the above-mentioned risks, in particular by the use of antivirus and firewall.
  6. Definitions

The terms used in these Terms and Conditions shall have the following meaning:

  1. Business Days – these shall be the days from Monday to Friday, excluding public holidays;
  2. Customer– a natural person with a full legal capacity, a natural person who conducts business activity, a legal entity or an organizational unit without legal personality, vested with a legal capacity by special provisions, who places the Order in the Online Shop or uses other Services available in the Online Shop;
  3. Civil Code– the Act of 23 April 1964 (Journal of Laws No. 16, Item 93, as amended);
  4. Consumer – the Customer being a consumer within the meaning of the provisions of Article 22 [1] of Civil Code;
  5. Entrepreneur –the Customer being an entrepreneur within the meaning of the provisions of Article 43[1] of Civil Code;
  6. Terms and Conditions– this document;
  7. Goods– the product presented in the Online Shop, with its description available with each of the presented products;
  8. Digital content – The Goods in electronic form, not saved on tangible medium, in particular in document form in pdf. format, presented in the Online Shop website, which description is available for each of the presented Goods.
  9. Sales Agreement – a sales agreement of Goods within the meaning of the Civil Code, concluded between the Seller and the Customer;
  10. Services – the services rendered electronically by the Seller for the benefit of Customers within the meaning of the provisions of the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
  11. Act on Consumer Rights– the Act on Consumer Rights dated 30 May 2014 (Journal of Laws 2014, No. 827);
  12. Act on Rendering Electronic Services– the Act on Rendering Electronic Services dated 18 July 2002 (Journal of Laws No. 144, Item 1204, as amended);
  13. Order– declaration of the Customer’s will leading directly to the conclusion of a Sales Agreement, specifying in particular the kind and amount of Goods.

III. Terms of Use for the Online Shop

  1. The Online Shop may be accessed if the IT equipment used by the Customer meets the following minimum technical requirements:
    1. a computer or a mobile device with access to the Internet;
    2. access to electronic mail;
    3. a browser Internet Explorer – version 11 or newer, Firefox – version 28.0 or newer, Chrome – version 32 or newer, Opera – version 12.17 or newer, Safari – version 1.1. or newer;
    4. Cookies and Javascript turned on in the web browser.
  2. Using the Online Shop shall mean every activity of the Customer which familiarizes him with the Shop content.
  3. The Customer shall be obliged in particular:
    1. not to provide and not to transfer any content forbidden by provisions of law, e.g. the content which is defamatory, promotes violence or infringes personal rights and other rights of third parties;
    2. to use the Online Shop in the manner not interfering with its functioning, in particular by using specific software or devices;
    3. not to perform any actions such as: sending unsolicited commercial information (spam) or placing it within the Online Shop;
    4. to use the Online Shop so as not to disturb other Customers and the Seller;
    5. to use all the content within the Online Shop solely for one’s own personal purposes;
    6. to use the Online Shop in accordance with the provisions of law applicable at the area of the Republic of Poland, with the Terms and Conditions, and also with the general rules governing the use of the Internet.
    7. Services
  4. The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
  5. The Customer may receive the Seller’s commercial information in the form of messages sent to the Customer’s electronic mail address (the Newsletter service). To receive such information, the Customer must provide a valid electronic mail address or activate an appropriate field in the registration form or the Order form. The Customer may, at any time, withdraw his consent to receive commercial information. The Agreement for the provision of the Newsletter Service shall be concluded an indefinite period and shall be terminated when the Customer submits a request to remove his electronic mail address from the Newsletter subscription list or when he unsubscribes by the link included in the message sent as part of the Newsletter Service.
  6. The Customer may use the contact form to send a message to the Seller. The agreement for the provision of service which involves availability of an interactive form allowing Customers to contact the Seller shall be concluded for a definite period and shall be terminated when the Customer sends a message to the Seller.
  7. The Seller shall have the right to organize occasional competitions and promotions, the terms of which shall always be presented on the Shop websites. The Online Shop promotions may not be combined unless the Terms and Conditions for the given promotion provide otherwise.
  8. If the Customer breaches these Terms and Conditions, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may terminate the agreement for the provision of Services upon a 14 days’ notice.
  9. The Conclusion Procedure for the Sales Agreement
  10. Information about the Goods as provided on the Shop websites, in particular their descriptions, technical and functional parameters as well as prices constitute an invitation to conclusion of an Agreement within the meaning of Article 71 of the Civil Code.
  11. All the Goods available in the Online Shop are free of physical and legal defects and have been legally introduced to the Polish market.
  12. To place an Order, an active electronic mail account is required.
  13. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
  14. The Order may be placed in the Online Shop by electronic mail or by contact form on Business Days and in the hours indicated on the Online Shop website. In order to do that, the Customer should:
  15. provide to the Seller the name and amount of the Goods from among the Goods presented on the Shop website,
  16. select the form of delivery and method of payment from the forms of delivery and methods of payment specified on the Shop website,
  17. provide the information required for processing of the Order, in particular: name and surname, place of residence and electronic mail address.
  18. The information about the total value of the Order is always provided by the Seller via orally or electronic mail together with the information that the Customer’s conclusion of the Sales Agreement imposes an obligation to pay for the ordered Goods, and at this moment the Sales Agreement is concluded.
  19. For the Customers who are Consumers, after an Order has been placed by electronic mail or by contact form, the Seller shall always send to the Customer a confirmation of the conditions for the placed Order.
  20. The Agreement shall be concluded when the Customer who is a Consumer sends (in response to the confirmation of the Order conditions sent by the Seller) an electronic mail to the Seller’s electronic mail address, where the Customer: accepts the contents of the sent Order and agrees to its processing, and also accepts the Terms and Conditions and acknowledges the notice on withdrawal from agreement.
  21. After the Sales Agreement is concluded, the Seller send to the Customer a confirmation of the conditions to Costumer’s electronic mail address or in writing by mail to the address provided by the Customer.
  22. The sales Agreement shall be concluded in Polish or English, and its provisions shall correspond to the Terms and Conditions.
  23. Delivery
  24. Subject to the point 2 below, the Goods shall be delivered to the address indicated by the Customer when placing the Order.
  25. The Customer may choose the following forms of delivery of the ordered Goods:
    1. by a courier company,
    2. by a post operator,
    3. parcel to a parcel machine.
  26. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the number of Business Days needed to process the Order and to deliver it, as well as about the delivery charges.
  27. The deadline for delivery and processing of the Order shall be calculated per Business Days, in accordance with Paragraph VII Subparagraph 2.
  28. The Seller provides the Customer a proof of purchase.
  29. If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.

VII. Prices and methods of payment

  1. The prices for the Goods are provided in PLN, USD, EUR, according to the Customer’s choice and include all the components like VAT and other fees.
  2. The Customer may choose the following payment methods:
    1. bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
    2. electronic payment (n this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
  3. On the Shop websites, in the description of the Goods, the Seller informs the Customer about the time when he must make the payment for the Order. If the Customer fails to make the payment within the time specified in the previous sentence, the Seller – after a prior ineffective cease and desist letter setting an appropriate deadline – may withdraw from the Sales Agreement under Article 491 of the Civil Code.

VIII. The right to withdraw from the Agreement

  1. The Customer who is a Consumer may withdraw from the Agreement without specifying the reason by submitting an appropriate declaration within 14 days. To keep this deadline it is enough to send this declaration before its lapse.
  2. The Consumer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement, which is available on the Online Shop’ websites.
  3. The 14-days’ deadline shall be calculated from the day when the Goods were delivered or – in the case of an Agreement for Services – from the day it was concluded.
  4. Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
  5. The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
    1. for rendering services, if the Seller has performed the service in full with express consent on the part of the Consumer who had been informed – before the service was commenced – that upon completion of the service he shall lose the right to withdraw from agreement;
    2. for an agreement the price or remuneration for which depends on fluctuations on the financial market that are beyond control of the Seller and that may occur before the lapse of the time allowed for withdrawal from the agreement;
    3. for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
    4. for an agreement where the subject of the service are Goods which deteriorate quickly or have a short shelf life;
    5. for an agreement where the subject of the service are Goods delivered in a sealed packaging that cannot be returned if opened, due to health protection issues or for sanitary reasons, if the packaging is opened after delivery;
    6. for an agreement where the subject of the service are Goods which after delivery, due to their nature, remain inseparably connected with other items;
    7. for an agreement where the subject of the service are alcoholic beverages, the price of which was agreed on conclusion of the Sales Agreement, and which may be delivered only after 30 days, and the value of which depends on fluctuations on the market that are beyond control of the Seller;
    8. for an agreement where the Consumer expressly requested the Seller to visit him in order to perform an urgent repair or maintenance; if the Seller additionally performs other services than those requested by the Consumer, or if he delivers other Goods than the spare parts necessary for the repair or maintenance, the Consumer shall have the right to withdraw from agreement as regards the additional services or Goods;
    9. for an agreement where the subject of the service are audio or video recordings or computer software delivered in a sealed packaging, if the packaging is opened after delivery; the delivery of journals, periodicals or magazines, except for a subscription agreement;
    10. for an agreement concluded in a public auction;
    11. for an agreement for rendering services in the scope of accommodation, other than for residential purposes, transport of items, car rental, catering, services connected with leisure, entertainment, sports or cultural events, if the agreement indicates the day or period when the service is to be rendered;
    12. for an agreement for the delivery of digital content which is not recorded on a material carrier, if the performance of the service commences upon an express consent of the Consumer before the lapse of the time for withdrawal from agreement and after he has been informed by the Seller about losing the right to withdraw from the agreement.
  6. In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days. The purchased Goods should be returned to the address of the Seller.
  7. The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer. The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
  8. If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred.
  9. The Consumer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
  10. I Complaints for the Goods under warranty
  11. The Seller undertakes to deliver Goods free from defects.
  12. The Seller shall be liable towards the Customer who is a Consumer, under warranty for defects in accordance with the provisions laid down in Article 556 – 576 of the Civil Code. In relation to the Customers who are Entrepreneurs warranty is excluded.
  13. Complaints arising out of a breach of the Customer’s rights guaranteed by law or under these Terms and Conditions should be sent to the following address: Iwona Tamborska, ul. Skrzydlata 19/2, 54-129 Wrocław, Poland, to the electronic mail address: rekamistworzone@gmail.com or info@rekamistworzone.com .
  14. In order for the complaint to be processed, the Customer should send or deliver the Goods in question, attaching the proof of purchase, if possible. The Goods should be delivered or sent to the address mentioned in point 3.
  15. The Seller undertakes to process each complaint within 14 days.
  16. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, immediately, but not later than within 7 days from the date when the Customer received the request.
  17. Complaints for electronic services
  18. The Customer may complain to the Seller about functioning of the Shop and using the Services. Complaints may be submitted in writing to the following address: Iwona Tamborska, ul. Skrzydlata 19/2, 54-129 Wrocław, Poland, to the electronic mail address: rekamistworzone@gmail.com or info@rekamistworzone.com .
  19. In the complaint, the Customer should indicate his name and surname, address for correspondence, the kind and description of the present problem.
  20. The Seller undertakes to process each complaint within 14 days, and if this is not possible – to inform the Customer within that time when the complaint will be processed. If there are any deficiencies in the complaint, the Seller shall request the Customer to supplement it as necessary, within 7 days from the date when the Customer received the request.
  21. Guarantees
  22. The Goods possess the guarantee of the manufacturer.
  23. For the Goods covered by a guarantee, the information regarding the existence and contents of the guarantee, and also the time for which it has been concluded is always presented in the description of the Goods on the Shop websites.

XII. Out-of-court ways of settling complaints and pursuing claims

  1. The Customer who is a Consumer has, among others, the following possibilities to use the out-of-court ways of settling complaints and pursuing claims:
    1. he has the right to refer to a permanent amicable consumer court operating by the Commercial Inspection with a request to settle a dispute arising out of the concluded Sales Agreement;
    2. has the right to refer to the voivodeship inspector of the Commercial Inspection with a request to initiate mediation proceedings for amicable settlement of the dispute between the Customer and the Seller;
    3. may obtain free support for settlement of the dispute between the Consumer and the Seller, using also the support of the poviat (municipal) consumer rights adviser or a social organisation whose statutory tasks include protection of Consumers (among others, the Federation of Consumers, the Society of Polish Consumers). The advice is provided by the Federation of Consumers on the toll-free number of consumers’ hotline +48 800 007 707 and by the Society of Polish Consumers at the electronic mail address porady@dlakonsumentow.pl.
    4. may report his complaint via the European ODR platform available at the address: http://ec.europa.eu/consumers/odr/.

XIII. Protection of personal information

The Seller collects and processes the personal information of the Customers in accordance with applicable provisions of law and with the Privacy Policy, available on the Shop’s website.

XIV. Final Provisions

  1. All and any rights of the Online Shop, including economic copyrights, intellectual property rights to its name, internet domain, the Online Shop website, and also to forms, logotypes are the property of the Seller and may be used solely in the manner indicated in and consistent with the Terms and Conditions.
  2. Any disputes arising between the Seller and the Customer who is a Consumer shall be settled by competent courts in accordance with applicable provisions of the Code of Civil Procedure.
  3. The provisions of these Regulations regarding the Consumer, regarding withdrawal from the contract and complaints, apply to a natural person concluding a contract directly related to his business, when the content of this contract shows that he does not have a professional nature for that person, resulting from in particular, the subject of the economic activity performed by it, made available on the basis of the provisions on the Central Register and Information on Economic Activity. The provisions on extrajudicial methods of settling complaints and pursuing claims do not apply.
  4. Any disputes arising between the Seller and the Customer who is an Entrepreneur shall be settled by a competent court of jurisdiction proper for the seat of the Seller.
  5. The matters not provided for in these Terms and Conditions shall be governed by the provisions of the Civil Code, the Act on Rendering Electronic Services, the Act on Consumer Rights and other applicable provisions of Polish law.
  6. Each Customer shall be informed about any changes to these Terms and Conditions by information available at the homepage of the Online Shop presenting a list of amendments and their effective dates. The effective date for any amendment shall fall at least 14 days after its publication.

 

6. Privacy policy
Rękami Stworzone respect your privacy. None of the information we collect is passed on to any other parties, except when required as part of the business services we provide for you, or as required under Polish law. If you order from us, we may use your email address to contact you about special offers, but you may unsubscribe from these emails and we will not contact you again. We never share your email with other companies.

Rękami Stworzone will only collect details about you when you place an order. These will include your name and address, your email address, and various other details necessary to complete a transaction and fulfill your order. We do not collect any information which may be deemed “sensitive personal data” under the Data Protection Act 1998.
This privacy statement explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and how we will keep it safe.
We respect your privacy and will never share your personal information with any third party, other company or individual unless it is part of our service or we are required to by the Law. This is in accordance with the General Data Protection Regulation.
Legal Bases
The legal bases we rely on are as follows:-
Consent
In specific situations, we can collect and process your data with your consent. An example of this is when you tick the newsletter consent box, the contact form consent box, and the shopping cart consent box.
Contractual obligations
In certain circumstances, we need your personal data to comply with our contractual obligations. This means that if you buy a product for home delivery, we will use the address data you have given us to process the order and/or the telephone number and email address to keep you informed about the status of your order.

When is your data collected?
When you create an account with us.
When you visit our website and use your account to buy a product,
When you make an online purchase and check out as a guest (in which case we just collect transaction-based data).
When you contact us via our contact page form.
When you engage with us on social media.
When you contact us by any means with queries, complaints etc.
When you comment on or review our products

What data do we collect?
If you have an online account with us: your name, billing/delivery address, orders and receipts, email and telephone number. For your security, we’ll also keep an encrypted record of your login password.
If you place an order by phone or email: your name, billing/delivery address, orders and receipts, email and telephone number.
Information gathered by the use of cookies in your web browser.
Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.
When visitors leave comments or reviews on the site we collect the data shown in the comments/review form, and also the visitor’s IP address and browser user agent string to help spam detection.

How do we use your personal data?
To process any orders that you make by using our website, calling or emailing us or in person. If we don’t collect your personal data during checkout, we won’t be able to process your order and comply with our legal and contractual obligations.
To respond to your queries, refund requests, and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you.
With your consent, we will use your personal data and details of your transactions to keep you informed by email or telephone about changes to your product order.
To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice and legally required information relating to your orders.
To send you review, survey and feedback request to help improve our services.
You are free to opt out of hearing from us by any of these channels at any time.

How we protect your data?
Our website does not store or capture personal information, unless voluntarily offered (for example via sales orders, contact forms or email), but merely logs the user’s IP address which is automatically recognized by the web server.
Where the provision of personal data is required to enable us to provide a specific service to the user, the details collected will only be used for the stated purpose. Storage of personal data complies with the Information Commissioner’s guidelines.
Any financial details given to us directly or sent via our online system will not be stored or collected. All payments online are taken through a secure online booking system. This information is confidential and we will not keep or share these details with anyone.
Access to your personal data is password-protected, and sensitive data (such as payment card information) is secured by SSL encryption.

How long will we keep your data?
Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which it was collected. At the end of that retention period, your data will be deleted completely. When you place an order for a product or book a class, we’ll keep your personal data for seven years so we can comply with our legal and contractual obligations.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Who do we share your data with?
We sometimes share your personal data with trusted third parties, ex. Poczta Polska (polish mail) to print out shipping label. Here’s the policy we apply to those organisations to keep your data safe and protect your privacy:
We provide only the information they need to perform their specific task.
They may only use your data for the exact purposes we specify in our contract with them.
We work closely with them to ensure that your privacy is respected and protected at all times.
If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.

Your rights over the personal data we hold about you
When you log into your account with us you can change your information, password etc in the My Account area. You will see the privacy tools section at the bottom of the page. In this section you can download your account information or remove your data completely from our systems.

You have the right to request:
Access to the personal data we hold about you, free of charge.
The correction of your personal data when incorrect, out of date or incomplete.
That we stop using your personal data for direct marketing.
That we stop any consent-based processing of your personal data after you withdraw that consent.
That we delete your information from our systems.
Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.

Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice. If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.

Cookie Statement
To make full use of the online shopping features on our website, your computer, tablet or mobile phone will need to accept cookies, as we can only provide you with certain features of this website by using them.
Our cookies don’t store sensitive information such as your name, address or payment details: they simply hold the ‘key’ that once you’re signed in, is associated with this information. However, if you’d prefer to restrict, block or delete cookies, you can use your browser to do this. Each browser is different, so check the ‘Help’ menu of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

What are Cookies?
Cookies are tiny text files stored on your computer when you visit certain web pages, which we use to keep track of what you have in your basket, and to remember you when you return to our site.
You can turn off cookies and still use our site but you may have trouble buying anything.
Cookies can’t harm your computer. We don’t store personally identifiable information such as credit card details in cookies we create, but we do use encrypted information gathered from them to help improve your experience of the site.
We’re giving you this information to both comply with legislation and make sure we’re honest and clear about your privacy when using our website.
Please also read our terms and conditions before booking a course or class with us.

Disclaimer
The provider is not liable for any use of the web site or reliance on the content, except where the site owner is negligent. The provider is not liable if the web site is unavailable for any reason.