ONLINE STORE REGULATIONS
§1 Identification of the Seller
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1. The owner of the Store is:
Evgeniia Karuzina
Kraków, ul. PrÄ…dnicka 65/100, 31202
NIP: 9452242031
REGON: 388155199
Telefon: +48 508 959 924
E-mail: muzikoved80@gmail.com
Address for correspondence: Kraków, ul. PrÄ…dnicka 65/100, 31202
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§2 General provisions
1. The online store [hereinafter the Store] sells via the Internet on the basis of these Regulations [hereinafter Regulations].
2. The client [hereinafter referred to as the Client] may be: an adult natural person with full legal capacity, residing in Poland or in the European Union, an adult natural person running a business based in Poland or in the European Union, a legal person or an organizational unit without legal personality, which the law grants legal capacity, based in Poland or in the European Union, which is authorized to make decisions and incur liabilities on behalf of the entity, a minor acting with the consent of a parent or legal guardian.
3. The consumer [hereinafter the Consumer] pursuant to art. 22 1 of the Civil Code (Journal of Laws 1964 No. 16 item 93, as amended) is a natural person who performs a legal transaction with the Store not related directly to its business or professional activity.
4. The Regulations are an integral part of the sales contract concluded with the Customer. 5. The prices given in the Store are final prices (they include all taxes and fees).
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§3 Orders
1. Orders can be placed via interactive forms available on the Store's website (customer's basket).
2. The condition of the contract is to provide data allowing verification of the customer and the recipient of the goods. If the Customer provides incomplete, incorrect, contradictory information when placing the order, the Store will contact the Customer in order to remove the errors. By placing an order, the Customer submits an offer to conclude a sales contract for the ordered products.
3. The parties are bound by the information visible on the Store's website next to the purchased goods at the time of placing the order. This applies in particular to: price, product characteristics, its features, elements included in the set, dates and method of delivery.
4. After placing the order, it is verified.
5. If the Customer chooses the method of payment by bank transfer, electronic payment or credit card - the order processing time depends on the date of crediting the Seller's bank account.
6. The information on the Store's website does not constitute an offer within the meaning of the Civil Code.
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§4 Payment
1. The customer can choose the form of payment:
• electronic payment via PayPal (PayPal),
• electronic payment via Paypro SA (Przelewy24),
• available payment methods: Payment cards: Visa, Visa Electron, Mastercard, MasterCard Electronic, Maestro,
• transfer via bank accounts
2. Payment is the utmost condition for the release of the goods.
3. In case the Customer chooses one of electronic payments form: PayPal (PayPal), Paypro SA (Przelewy24), or Payment cards the Customer receives Confirmation of placing Order along with the ordered Goods after making the payment. The order processing time depends on the date of crediting the Seller's bank account. Confirmation of placing Order is the Store’s submission of an offer. Sales contract for the ordered Goods is in power from the moment of receiving Confirmation of placing Order by the Customer.
4. In case the Customer chooses transfer via bank account as a payment form the Seller sends via email Confirmation of placing Order along with the bank account number for the transfer. Confirmation of placing Order is the Store’s submission of an offer. Sales contract for the ordered Googs is in power from the moment of receiving Confirmation of placing Order by the Customer. Customer receives the ordered Goods after making the payment. The order processing time depends on the date of crediting the Seller's bank account.
5. The customer is obliged to settle the amounts due under the concluded contract, regardless of the chosen method of payment.
6. In the event of failure by the Customer to pay for the goods within 7 days from the conclusion of the contract, the Store will call the Customer to collect and pay for the goods, setting a deadline for the performance of the obligation. In the event of failure to settle the amount due under the concluded contract within the prescribed period, the Store may withdraw from the sales contract.
7. The deadline for completing the order is counted from the moment the funds for the order are credited to the Store's bank account or from the date of positive verification of the transaction.
8. The entity providing online payment services in the field of card payments is Skrill/Pszwlewy24.
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§5 Shipment of goods
The ordered goods are sent by the Store in electronic form via e-mail.
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§6 Warranty claims (consumers)
1. In the event of non-compliance of the goods with the contract, the Consumer should send back the defective goods to the Store together with a description of the non-compliance.
2. The Store will respond to the Consumer's complaint within 14 days from the date of returning the goods, together with a description of the non-compliance.
3. A model complaint form is attached as Appendix 2 to the Regulations.
4. The Store is liable to the Consumer under the warranty law, regulated by the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) for a period of 24 months.
5. The consumer, at the time of the defect, may request the Store (under the warranty law): replacement of goods with a new one; repair of goods; lowering the price; withdrawal from the contract - if the defect is significant. The Store will respond to the Consumer's requests within 14 days of receiving the request. The Store will consider the Consumer's requests, taking into account the following circumstances: ease and speed of replacement or repair of goods; the nature of the defect - significant or irrelevant; whether the goods were previously advertised.
6. The Store may refuse the Consumer's request to replace or repair the goods, provided that the replacement or repair of the goods is impossible or would require excessive costs compared to the second possible request. In such a case, the store will propose an alternative solution.
7. Each consumer may use extrajudicial means of dealing with complaints and redress. In order to take advantage of the possibility of amicable settlement of disputes regarding online purchases, the Consumer may submit his complaint, e.g. via the EU ODR internet platform, available at: http://ec.europa.eu/consumers/odr/ , through the regional Provincial Inspector of Trade Inspection, the list is available at https://www.uokik.gov.pl/wazne_adresy.php#faq595 The course of proceedings regarding out-of-court settlement of consumer disputes is determined by the currently applicable provisions of law (in particular in the Act of 23 September 2016 on out-ofcourt resolution of consumer disputes).
8. Any complaints regarding the use of services provided by the Store should be sent to the addresses provided in paragraph 1 of these regulations.
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§7 Complaints under the warranty
1. The provisions of this paragraph apply only to Customers who are not Consumers.
2. Pursuant to Article 558 of the Civil Code, the Store's liability under the warranty is excluded.
3. Pursuant to Art. 545 par 2 of the Civil Code, in the event of sending the goods to the place of destination via the carrier, the Customer is obliged to inspect the shipment in time and in the manner accepted for such shipments; if he found that there was a loss or damage to the goods during transport, he is obliged to perform all actions necessary to determine the liability of the carrier.
4. Complaints should be sent to the e-mail address specified in paragraph 1, providing the following data: name, surname, name, address, date of conclusion of the contract, subject of the contract, date of the defect detection, type of defect, claim, confirmation of the defect at the time of delivery, contact details (email), and any photos and other information that may affect the complaint process.
5. The Store will respond to the submitted complaint within 14 calendar days. Any disputes arising from the concluded sales / delivery contract will be settled by the court competent for the seat of the Store.
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§8 The right to withdraw from the contract
1. Pursuant to the Act on consumer rights of May 30, 2014, the consumer has the right to withdraw from the contract without giving any reason.
2. Withdrawal from the contract is effective if the Consumer submits a declaration of withdrawal from the contract within 14 days from the date of delivery of the goods. To meet the deadline, it is enough to submit a statement before its expiry. The form of submitting the declaration may be any, e.g. the statement may be submitted on the form, the specimen of which is attached to the Act on Consumer Rights of May 30, 2014 (attached as Annex 1 to the Regulations), by e-mail to the address provided in paragraph 1 of these regulations, by letter to the address provided in paragraph 1 of these Regulations.
3. The consumer returns the goods to the Store within 14 days of submitting the declaration of withdrawal from the contract at his own expense.
4. The store returns the funds within 14 days from the date of receipt of the statement. The Store may withhold the reimbursement of payments received from the Consumer until the item is returned or the Consumer provides proof of its return, depending on which event occurs first.
5. If there is a need to return funds for a transaction made by the customer with a payment card, the seller will be refunded to the bank account assigned to the payment card of the Ordering Party.
6. If the Consumer has chosen a method of delivery of the item other than the cheapest offered by the Store, the Store will not refund the additional costs incurred by the Consumer. The store will only refund the cost of the cheapest delivery of the item to the consumer.
7. The consumer covers all direct costs of returning the item (eg packaging, security, shipping).
8. The right of withdrawal is not entitled to the Consumer in the case of contracts: 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 him by the Store about the loss of the right to withdraw from the contract; 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 is an item that deteriorates quickly or has a short shelf-life; 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; on the provision of services, if the Store has fully performed the service with the express consent of the Consumer, who has been informed before the provision begins that after the performance of the service by the Store, he will lose the right to withdraw from the contract; in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
9. Pursuant to Art. 31 of the Consumer Rights Act of 30 May 2014, in the event of withdrawal from a distance contract or a contract concluded outside the business premises, the contract is considered not concluded.
10. The consumer is liable for the decrease in the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
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§9 Services provided electronically
1. The Store provides the following services by electronic means: contact via the form; maintaining a Customer Account.
2. The services specified in point 1 are provided 7 days a week, 24 hours a day.
3. Service: contact via the form - consists in sending a message by the Customer via interactive forms contained on the Store's websites. The contract is concluded when the Customer uses the contact form; maintaining a Customer Account - it consists in providing an individual panel with the possibility of viewing order history, editing data. The contract is concluded by filling in the appropriate interactive forms on the Store's websites.
4. Resignation from services provided electronically is possible at any time without incurring any additional costs. contact via form service - by ending the use of interactive forms available on the Store's websites; maintaining a Customer Account - by sending an e-mail to the address provided in paragraph 1. The message should contain data enabling verification of the subscriber of the service.
5. The Store, in the event of detecting actions to the detriment of the Store, breaking the law, breaking the provisions of the Regulations, may at any time limit, block or remove the Customer's access to the services specified in point 1. The Store informs the Customer about blocking or limiting access to services via messages e-mail sent to the address provided in the form.
6. The services are provided indefinitely, however, the Store may limit, block or modify access to them, informing the Customer about it in the manner specified in paragraph 12 point 4.
7. Both the Customer and the Store may terminate the contract for the provision of services specified in point 1 at any time by sending an e-mail with a declaration of will.
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§10 Privacy protection
1. The Store processes Customers' personal data in accordance with applicable law in the manner specified in the Privacy Policy (Annex 3).
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§11 Technical measures
1. In order to use the Online Store, including viewing the assortment and placing orders for products, it is necessary to:
a) terminal device (e.g. computer, tablet, smartphone) with access to the Internet and a web browser such as Internet Explorer, Google Chrome, Mozilla Firefox, Opera, Safari;
b) an active e-mail account (e-mail);
c) JavaScript support enabled;
d) acceptance of the use of cookies (required to place an order).
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§12 Entry into force and changes to the Regulations
1. The Regulations come into force on the day of publication on the Store's website.
2. These Regulations may be changed.
3. Amendments to the Regulations will be published on the Store's website.
4. Information about changes to the Regulations will be sent to the Customer to the e-mail address indicated in the account settings.
5. Amendments to the Regulations come into force after 14 days from the date of their publication in the manner specified in sec. 3.
6. The Store recognizes that the Customer who has an account on the Store's websites has accepted the changes to the Regulations, if he has not terminated the contract by the end of the period indicated in paragraph 5.
7. In matters not covered by the provisions of these Regulations, Polish law shall apply.
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Appendix 1
WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)
Evgeniia Karuzina
Kraków, ul. PrÄ…dnicka 65/100, 31202
E-mail: muzikoved80@gmail.com
I ___________________________ hereby inform about my withdrawal from the contract for the delivery of the following items: _____________________________________________________________
Date of conclusion of the contract / delivery: _____________________________________________________
Consumer's name and surname: ______________________________________________________
Consumer address: _______________________________________________________________
Consumer's signature *: _____________________________________________________________ * only if the form is sent in paper form
Date: __________________________________________________
Appendix No. 2
COMPLAINT FORM
Evgeniia Karuzina
Kraków, ul. PrÄ…dnicka 65/100, 31202
E-mail: muzikoved80@gmail.com
I ___________________________ hereby inform about the detection of defects in the following products: _________________________________________________
Date when the defect was discovered: _______________________________________
Detailed description of the defects found: __________________________________________________
Date of conclusion of the contract / delivery: ____________________________________________________
Client's first and last name: ______________________________________________________
Customer address: _______________________________________________________________
Customer requests: replacement of the goods with a new one / repair of the goods / price reduction / withdrawal from the contract - (if the defect is significant) *. * delete as appropriate Value of the price reduction as requested by the
Customer______________________________________
Additional information:_________________________________________________
Customer's signature**:_____________________________________________________________ ** only if the form is sent in paper form
Date: __________________________________________________
Each customer who is a consumer may use extrajudicial means of dealing with complaints and redress. In order to take advantage of the possibility of amicable settlement of disputes regarding online purchases, the consumer may submit his complaint, e.g. via the EU ODR intern
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