REGULATIONS
GENERAL PROVISIONS
1. The entrepreneur running the online store located in the Internet domain www.tymoszewiczdesign.pl, hereinafter referred to as the "Online Store", is a business under the name Marta Tymoszewicz-Bednarz Atelier-Fitness Coaching-Design ul. Walońska 9/153 50-413 Wrocław NIP number 8522109148 ("Seller").
2. In the Online Store, the Buyers may purchase textile goods and accessories under the "Tymoszewicz Design" brand on the terms set out in these Regulations.
3. Sales contracts may be concluded both using the order form provided by the Seller and by phone .
4. Contact with the Online Store is possible via e-mail: biuro@tymoszewicz.pl, by phone from Monday to Friday, 8: 00-18: 00, at the phone number: + 48 501 099 092and via the contact form available at www.naree.pl
5. These Regulations apply to both Consumers and Entrepreneurs using the Store and define the rules of using the Online Store as well as the rules and procedure for concluding Sales Agreements with the Customer at a distance via the Store.
DEFINITIONS
Regulations - these "Regulations of the Online Store";
Working days - days from Monday to Friday, except public holidays.
Consumer - a natural person concluding a contract with the Seller as part of the Store, the subject of which is not directly related to its business or professional activity.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, the separate law of which grants legal capacity, performing on its own behalf an economic activity that uses the Store.
Seller - Marta Tymoszewicz- Bednarz Atelier-Fitness Coaching -Design ul. Walońska 9/153 50-413 Wrocław NIP 8522109148;
Store - online store, available at www.tymoszewiczdesign.pl
Order Form - an interactive form available in the Store that allows you to place an Order, in particular by adding Products to the Cart and defining certain conditions of the Sales Agreement, in particular the method of delivery and payment;
Cart - an element of the Store in which the Products selected by the Customer are visible and in which the Customer has the option to determine and modify the Order data, in particular the quantity of Products purchased;
Sales Agreement - a Product sales contract concluded or concluded between the Customer and the Seller via the Store;
Working Days - all days from Monday to Friday, inclusive, except public holidays in Poland.
Order - the Customer's declaration of intent submitted via the Order Form and aimed directly at concluding the Product Sales Agreement or Products with the Seller.
TECHNICAL REQUIREMENTS
1. For the proper functioning of the Store, you need:
a. a device with Internet access
b. a web browser that supports JavaScript and cookies.
2. To place an order in the Store, in addition to the requirements set out in sec. 1, an active e-mail account is required.
3. To create an Account in the Store, you must complete the Registration Form. It is necessary to provide the following data: - Customer's name and surname, Customer's e-mail address, Account password.
4. Logging in to the Account is done by entering the login and password set by the Customer in the Registration Form.
5. The Customer may at any time request the deletion of his Account.
6. The Seller shall not be liable for any disruptions, including interruptions in the functioning of the Store, caused by force majeure, unlawful actions of third parties or the Store's incompatibility with the Customer's technical infrastructure.
SHOPPING IN STORE
1. The prices of goods visible in the Store are the total prices for the goods, including VAT.
2. The Seller points out that the total price of the order consists of the price indicated in the Store: the price for the goods and, if applicable, the costs of delivery of the goods.
3. The goods selected for purchase should be added to the basket in the Store.
4. Then the Buyer selects from the available in the Store: the method of delivery of the goods and the method of payment for the order, and also provides the data necessary to complete the order.
5. The order is placed upon confirmation of its content and acceptance of the Regulations by the Buyer.
6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.
PAYMENT
1. You can pay for the order placed, depending on the Buyer's choice:
- Via the payment platform:
-Directly to the Seller's account
2. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The buyer has the right to withdraw his acceptance
EXECUTION OF THE CONTRACT
1. The Customer may use the following methods of delivery of the ordered Product:
a.courier delivery,
2. The shipping costs are borne by the person placing the order for the Product
3. During the ordering procedure, you will receive information about the amount of shipping costs for the ordered Products and their delivery to the address indicated by you.
4. In the case of an Order of several Products, they will be delivered by one shipment within the time limit corresponding to the longest waiting period indicated for the ordered Products, visible next to each of the Products in the Store.
THE RIGHT TO WITHDRAW FROM THE CONTRACT
1. The consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.
2. The deadline to withdraw from the contract will expire after 14 days from the day:
3.on which the Consumer acquired the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.
4.on which the Consumer acquires, or a third party, other than the carrier and indicated by the Consumer, acquires the last of the goods in the case of a contract obliging to transfer the ownership of many things that are delivered separately.
5. concluding a contract - in the case of a contract for the supply of digital content.
6. If you wish to exercise your right to withdraw from the Sales Agreement, please use the withdrawal form available in your Account. Please make it easier for us to avoid additional costs and send the returned Products always after completing the withdrawal form available through your Account.
7. If you withdraw from the Sales Agreement, we are obliged to immediately, but not later than within 14 days from the date of receipt of your declaration of withdrawal from the Sales Agreement, return to you all payments received from you, including delivery costs (except for additional costs , which may arise due to your choice of a delivery method other than the cheapest standard delivery method offered by us). We use the same means of payment for reimbursement that you used in the original transaction, unless we have explicitly agreed with you on a different means of payment. Under no circumstances will we charge you any fees for this. We may withhold reimbursement of the payment received from you until the Product is returned or you provide proof that the Product has been shipped to us, whichever occurs first. Any refunds are made automatically to the bank account number you used for payment. In the case of payment by bank transfer, the payments will be returned to the account from which the transfer was made. In case of payment by PayPal or by credit card, the refund will be made to the associated PayPal account or credit card account.
8. Immediately after receiving your declaration of withdrawal from the Sales Agreement, regardless of whether it was made via the Customer Account or in the electronic form provided for in paragraph 3 above, we will confirm the receipt of your statement by the Seller.
9. You are responsible for reducing the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of such a thing. In order to determine the nature, characteristics and functioning of things, you can normally open or unpack the package to check the features and functioning of the goods and test it in a manner customary in stationary stores.
EXCEPTIONS TO THE RIGHT TO WITHDRAW FROM THE CONTRACT
1.The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
a.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.
b. in which the subject of the service is an item that deteriorates quickly or has a short shelf-life.
c. 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.
d. in which the subject of the service are items that after delivery, due to their nature, are inseparably connected with other items.
e. 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.
f. delivering newspapers, periodicals or magazines, with the exception of subscription contracts.
g. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline to withdraw from the contract.
h. delivery of digital content that is not recorded on a tangible medium.
COMPLAINTS
1. In the event of a defect in the goods, the Buyer may complain about the defective goods on the basis of the warranty or guarantee provided for in the Civil Code, provided that the guarantee has been granted.
2. Using the warranty, the Buyer may, on the terms and within the time limits specified in the Civil Code:
a.make a price reduction statement
b. in the case of a significant defect - submit a declaration of withdrawal from the contract
c. demand that the item be replaced with one that is free from defects
d. demand that the defect be removed
3. The seller asks for submitting a complaint based on the warranty to the postal address or via the store's website. A detailed description of the return procedure is available on the seller's website in the "Return" tab
4. If it turns out that in order to consider the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, at the expense of the Consumer, to the address provided in the return form or to the address Walońska 9/153
50-413 Wrocław
5. If an additional guarantee has been granted for the product, information about it, as well as about its conditions, is available in the product description in the Store.
6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.
7. Consideration of the complaint by the Seller will take place within 14 days.
EXTRAJUDICIAL METHODS OF SETTLING COMPLAINTS AND PURSUING CLAIMS
1.Detailed information on the possibility for the Consumer to use extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures are available at the offices and on the websites of poviat (municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, voivodeship Inspectorates of the Trade Inspection and at the following internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http: //www.uokik.gov.pl/sprawy ... and http://www.uokik.gov.pl/wazne_adresy.php.
2. The consumer has the following exemplary possibilities of using out-of-court complaint and redress procedures:
3. The consumer is entitled to apply to the permanent amicable consumer court referred to in Art. 37 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
4. The consumer is entitled to apply to the provincial inspector of the Trade Inspection, pursuant to Art. 36 of the Act of December 15, 2000 on the Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings regarding the amicable settlement of the dispute between the Consumer and the Seller.
5. The consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a poviat (municipal) consumer ombudsman or a social organization whose statutory tasks include consumer protection (including the Consumer Federation, Association of Polish Consumers) .
PERSONAL DATA
1. The administrator of personal data provided by the Buyer when using the Store is the Seller.
2. The Buyer's personal data are processed mainly on the basis of a contract and for its implementation, in accordance with the principles set out in the general regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information on data processing by the Seller is included in the privacy policy posted in the Store.
RESERVATIONS
1. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Regulations. The contract is concluded on time and for the purpose of order fulfillment.
2. Agreements concluded on the basis of these regulations are concluded in Polish.
3. Nothing in these regulations excludes or in any way limits the consumer's rights under the law.
4. Provisions regarding goods and sales contracts shall apply accordingly to digital content and contracts for the supply of digital content, unless the Regulations specify these issues separately.
PROVISIONS RELATING TO BUYERS WHO ARE NOT CONSUMERS
1. The right to withdraw from a distance contract is not available to an entity other than the Consumer.
2. Any liability of the Seller towards the Buyer who is not a Consumer is excluded.
3. In the event of a possible dispute with a Buyer who is not a Consumer, the competent court will be the court competent for the seat of the Seller.
FINAL PROVISIONS
1. Agreements concluded through the Online Store are concluded in Polish.
2. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent to which these changes affect the implementation of the provisions of these Regulations. The Seller will inform the Customer about each change at least 7 days in advance.
3. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the Act on the Protection of Personal Data.