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Terms and Conditions

Terms and Conditions of the Wyjątkowe Presety online store

This document primarily defines the rules on which contracts are concluded in the Store, including important information about the Seller, the Store and the rights of Consumers.

TABLE OF CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order processing
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix 1: Model withdrawal form

§ 1 DEFINITIONS

Business Days – days from Monday to Friday, except public holidays in Poland.
Consumer – Buyer who is a natural person, purchasing in the Store or taking steps to make a purchase, without direct connection with his business or professional activity.
Buyer – any entity purchasing in the Store or taking steps to make a purchase.
Privileged Buyer – privileged Consumer or Entrepreneur.
Privileged Entrepreneur – Buyer who is a natural person, concluding or intending to conclude a contract with the Seller on the basis of these Terms and Conditions, directly related to his business activity, but not of a professional nature for him.
Terms and Conditions – these terms and conditions.
Store – Wyjątkowe Presety online store operated by the Seller at the address https://wyjatkowepresety.pl
Seller – KATARZYNA NAZARKO, entrepreneur conducting business under the name "IDEAL OF" KATARZYNA NAZARKO, registered in the Central Registration and Information on Business kept by the minister responsible for economy and maintaining the Central Registration and Information on Business,

NIP (tax ID) 9662066681, REGON (statistical ID) 389104689, ul. Krajobrazowa 25/A, 05-190 Budy Siennickie.
Digital Content – data produced and delivered in digital form.
Consumer Rights Act – Polish act of May 30th 2014 on consumer rights.

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Krajobrazowa 25/A, 05-190 Budy Siennickie
  2. E-mail address: sklep@wyjatkowepresety.pl
  3. Phone number: +48 513 129 623
  4. The cost of a telephone call or data transmission made by the Buyer is based on the basic tariff of the telecommunications operator or Internet service provider used by the Buyer. The Seller notes that the cost of an international call or international data transmission may be higher than the cost of a domestic call or transmission – depending on the tariff adopted by the telecommunications operator or Internet service provider used by the Buyer.

 

§ 3 TECHNICAL REQUIREMENTS

  1. For proper operation of the Store, it is required to have:
    • a device with an access to the Internet.
    • a web browser supporting JavaScript and cookies.
  1. For placing an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is also required.

 

§ 4 SHOPPING IN THE STORE

  1. Product prices visible in the Store are total prices for the products.
  2. Product selected for purchase should be added to the cart in the Store.
  3. Buyer then selects the payment method for the order from among the options available in the Store, and also provides the data necessary for processing the placed order.
  4. Order is placed when its content is confirmed and the Terms and Conditions are accepted by the Buyer.
  5. Placing the order is equivalent to concluding a contract between the Buyer and the Seller.

 

§ 5 PAYMENTS

  1. Following payment methods are available in the Store:
    1. wire transfer to the bank account of the Seller;
    2. by payment card:
      • Visa
      • Visa Electron
      • MasterCard
      • MasterCard Electronic
      • Maestro
    1. by payment platform:
      • Shoper Płatności
  1. In case of choosing the Shoper Płatności platform as the payment method, the online payment service provider is Autopay S.A.
  2. In case of choosing the advance payment by the Buyer, the order must be paid within 3 Business days of placing the order.
  3. By making purchases in the Store, Buyer accepts the use of electronic invoices by the Seller. Buyer has the right to withdraw his acceptance.

 

§ 6 ORDER PROCESSING

  1. Order processing time is 1 Business Day.
  2. In case of choosing the advance payment by the Buyer, the Seller will begin processing the order after receiving the payment.
  3. Products purchased in the Store are delivered electronically, using the e-mail address provided by the Buyer when placing the order.

 

§ 7 RIGHT OF WITHDRAWAL

  1. Privileged Buyer has the right to withdraw from the contract concluded with the Seller through the Store, subject to § 8 of these Terms and Conditions, within 14 days and without any given reason.
  2. Period for withdrawal expires after 14 days from the date of concluding the contract for delivery of Digital Content.
  3. In order to exercise the right to withdraw from the contract, the Privileged Buyer must inform the Seller, using the data provided in § 2 of these Terms and Conditions, about the decision to withdraw from the contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
  4. Privileged Buyer may use the model withdrawal form located at the end of these Terms and Conditions, but it is not mandatory.
  5. In order to comply with the period for withdrawal, it is sufficient for the Privileged Buyer to send information on exercising the right of withdrawal before the period for withdrawal expires.

    CONSEQUENCES OF WITHDRAWAL

 

  1. In the event of withdrawal, the Seller immediately refunds all payments received from the Privileged Buyer, and in any case no later than 14 days from the date on which the Seller was informed about the decision of the Privileged Buyer to exercise the right of withdrawal.
  2. Seller refunds the payment by the same payment method which Privileged Buyer used in the original transaction, unless the Privileged Buyer agrees to a different solution. In any case, the Privileged Buyer does not incur any fees for such refund.
  3. In the event of a necessity to return funds for a transaction made by the Privileged Buyer with a payment card, the Seller refunds the payment to the bank account assigned to this payment card.

 

§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

  1. The right to withdraw from a distance contract, referred to in § 7 of these Terms and Conditions, does not apply to the contract for delivery of Digital Content, for which the Privileged Buyer is obliged to pay the price, if the following conditions are met together:
    • Seller began the provision with the express and prior consent of the Privileged Buyer;
    • Before beginning the provision, Privileged Buyer was informed by the Seller that, after completing this provision, the right to withdraw from the contract is lost and Privileged Buyer acknowledged it;
    • Seller provided the Privileged Buyer with lawful confirmation of concluding the distance contract, including information about the above consent, on a durable medium and within a reasonable time after the contract was concluded, at least before beginning the provision.

 

§ 9 COMPLAINTS

I GENERAL CONDITIONS

  1. Seller is liable to the Privileged Buyer for the compliance of the provision with the concluded contract, as provided by generally applicable laws, including in particular the norms of the Consumer Rights Act.
  2. Seller asks to submit complaints (including those regarding the operation of the Store) to the postal or e-mail address indicated in § 2 of these Terms and Conditions.
  3. If a warranty has been granted for the product, information about it and its conditions is available in the Store.
  4. Seller will respond to the complaint within 14 days from the date of its receipt.

 

II PRIVILEGED BUYERS

  1. Digital Content

 

    1. In the event of improper performance of the contract for delivery of Digital Content by the Seller, the Privileged Buyer may exercise the rights regulated in chapter 5b of the Consumer Rights Act.
    2. If the Seller does not deliver the Digital Content, the Privileged Buyer may request the Seller to do so. If the Seller still fails to deliver the Digital Content immediately or within an additional period, expressly agreed by the Privileged Buyer and the Seller, the Privileged Buyer may withdraw from the contract.
    3. Privileged Buyer may withdraw from the contract without requesting delivery of the Digital Content if:
      • statement of the Seller or circumstances clearly indicate that delivery of Digital Content is not going to happen or
      • Privileged Buyer and the Seller agree, or it is clear from the circumstances of concluding the contract, that a specific period for delivery of the Digital Content is of significant importance to the Privileged Buyer and the Seller failes to deliver it within that period.
    1. Seller is liable for the lack of compliance of the Digital Content with the contract, which existed at the time of its delivery and became apparent within two years from that time.
    2. If the Digital Content is inconsistent with the contract, the Privileged Buyer may demand that it is brought into compliance with the contract.
    3. If the Digital Content is inconsistent with the contract, the Privileged Buyer is obliged to cooperate with the Seller, to the reasonable extent and using the least burdensome technical means, in order to determine if the non-compliance of the Digital Content with the contract in a timely manner is due to digital environmental characteristics of the Privileged Buyer.
    4. Additionally, if the Digital Content is inconsistent with the contract, the Privileged Buyer may submit a statement to:
      • reduce the price,
      • withdraw from the contract,
    1. when:
      • bringing Digital Content into compliance with the contract is impossible or requires excessive costs pursuant to article 43m, sections 2 and 3 of the Consumer Rights Act;
      • Seller failed to bring the Digital Content into compliance with the contract within a reasonable time, after the Seller was informed by the Privileged Buyer of non-compliance with the contract, and without undue inconvenience to the Privileged Buyer, taking into account its nature and the purpose for which it is used;
      • Lack of compliance of the Digital Content with the contract continues even though the Seller tried to bring the Digital Content into compliance with the contract;
      • Lack of compliance of the Digital Content with the contract is so significant that it justifies either a reduction in price or withdrawal from the contract without first using the protection measure specified in article 43m of the Consumer Rights Act (i.e. requests to bring Digital Content into compliance with the contract);
      • statement of the Seller or circumstances clearly indicate that compliance of the Digital Content with the contract is not going to happen within a reasonable time or without undue inconvenience to the Privileged Buyer.
    1. Privileged buyer may not withdraw from the contract on the basis of the preceding provision if the Digital Content is provided in exchange for payment of the price, and the lack of compliance of the Digital Content with the contract is insignificant.
    2. Seller is obliged to refund the Privileged Buyer the price due as a result of exercising the right to withdraw from the contract referred to in this section (concerning Digital Content) or reduce the price immediately, no later than within 14 days from the date of receiving the statement of the Privileged Buyer to withdraw from the contract or to reduce the price.
    3. Seller refunds the price using the same payment method as the one used by the Privileged Buyer, unless the Privileged Buyer expressly agrees to a different method of return that does not incur any costs.

 

  1. Extrajudicial means of handling the complaints and pursuing claims

 

    1. Seller informs the Consumer about the possibility of exercising  extrajudicial means of handling the complaints and pursuing claims. The rules of access to these procedures are available at the offices or on the websites of entities authorised for extrajudicial dispute resolution. The Consumer may use, among others:
      • assistance from the relevant European Consumer Centre within the European Consumer Centres Network. These centres provide information on consumer rights and help resolve disputes in case of cross-border purchases. As a rule, the assistance of such European Consumer Centres is free of charge. The list of Consumer Centres appropriate for a given country can be found at:

https://konsument.gov.pl/eck-w-europie/

      • online ODR (Online Dispute Resolution) platform, provided by the European Commission, available at:

https://ec.europa.eu/consumers/odr

    1. Additionally, the following forms of support may be used in the Republic of Poland:
      • mediation conducted by the locally competent Provincial Inspectorate of the Trade Inspection, to which a request for mediation should be submitted. As a rule, such proceedings are free of charge. The list of Inspectorates can be found at:

https://uokik.gov.pl/wojewodzkie_inspektoraty_inspekcji_handlowej.php

      • assistance of the locally competent permanent consumer arbitration court operating under the auspices of the Provincial Inspectorate of the Trade Inspection, to which an application to consider the case before the arbitration court should be submitted. As a rule, such proceedings are free of charge. The list of courts is available at:

https://uokik.gov.pl/stale_sady_polubowne.php

    1. Preceding provision is for information purposes and does not constitute an obligation of the Seller to use extrajudicial means of dispute resolution.
    2. Extrajudicial means of handling the complaints and claims is voluntary for both the Seller and the Consumer.
    3. Consumer may additionally use free assistance from the municipal or district consumer ombudsman.

 

§ 10 PERSONAL DATA

  1. Controller of personal data provided by the Buyer when using the Store is the Seller. Detailed information about the processing of personal data by the Seller – including other purposes and grounds for data processing, as well as recipients of the data – can be found in the privacy policy available in the Store. That is due to the principle of transparency, contained in the general regulation of the European Parliament and European Council on data protection named GDPR.
  2. Processing data of the Buyer by the Seller, provided by the Buyer in connection with purchases in the Store, is purposed for processing orders. The basis for processing personal data in this case is:
    • contract or actions taken as requested by the Buyer and aimed at concluding it (Article 6(1)(b) of the GDPR),
    • legal obligation of the Seller related to accounting (Article 6(1)(c) of the GDPR) and
    • legitimate interest of the Seller in processing data to establish, pursue or defend possible claims (Article 6(1)(f) of the GDPR).
  1. Provision of data by the Buyer is voluntary, but at the same time necessary to conclude the contract. Failure to provide data will prevent the conclusion of the contract in the Store.
  2. Data provided by the Buyer in connection with the purchases in the Store is processed until:
    • contract concluded between the Buyer and the Seller ceases to be valid;
    • legal obligation of the Seller to process data of the Buyer no longer applies;
    • pursuing claims by the Buyer or Seller related to the contract concluded in the Store is no longer possible;
    • objection of the Buyer to the processing of personal data is accepted – if the basis for data processing was the legitimate interest of the Seller.
  1. – depending on what is applicable in a given case.
  2. Buyer has the right to demand:
    • access to his personal data,
    • their rectification,
    • deletion,
    • restriction of processing,
    • transferring data to another controller
      and also the law to:
    • object at any time to the processing of data on grounds related to the particular situation of the Buyer – to the processing of his personal data, based on Article 6(1)(f) of the GDPR (i.e. on legitimate interests pursued by the Seller).
  1. In order to exercise his rights, the Buyer should contact the Seller using the data from § 2 of these Terms and Conditions.
  2. If the Buyer believes that his data is being processed unlawfully, the Buyer may file a complaint with the authority competent for the protection of personal data. In Poland, this is the President of the Personal Data Protection Office.

 

§ 11 RESERVATIONS

  1. Buyer is prohibited from providing illegal content.
  2. Each order placed in the Store constitutes a separate contract and requires separate acceptance of these Terms and Conditions. The contract is concluded for the time and purpose of processing the order.
  3. All contracts concluded under these Terms and Conditions are governed by the laws of Poland, subject to paragraph 4.
  4. The choice of Polish law for contracts concluded under these Terms and Conditions with a Consumer does not abrogate or limit the rights of that Buyer under mandatory provisions of law applicable to the Consumer in situations where there is no choice of law. This means, in particular, that if national regulations applicable to a given Consumer provide broader protection than the one provided under these Regulations or Polish law – the broader protection is applicable.
  5. Contracts concluded on the basis of these Terms and Conditions are concluded in Polish language.
  6. In the event of a possible dispute with a Buyer who is not a Privileged Buyer, related to a contract concluded through the Store, the competent court is the court having jurisdiction over the registered office of the Seller.
  7. Any liability of the Seller towards the Buyer who is not a Privileged Buyer, under the contract concluded through the Store and within the limits permitted by law, is excluded.



Appendix 1 to the Terms and Conditions

Below is a model withdrawal form which the Consumer or the privileged Entrepreneur may, but does not have to, use:


MODEL WITHDRAWAL FORM
(this form should be completed and returned only in case of withdrawing from the contract)

"IDEAL OF" KATARZYNA NAZARKO
ul. Krajobrazowa 25/A, 05-190 Budy Siennickie
e-mail address: sklep@wyjatkowepresety.pl

- I/We(*) ..................................................................... hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*) / for the provision of the following service(*) / for the supply of the following digital content(*):

..............................................................................................................................................................................

..............................................................................................................................................................................

..............................................................................................................................................................................

- Ordered on(*)/received on(*)

..............................................................................................................................................................................

- Name of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................

- Address of the Consumer(s) / Privileged Entrepreneur(s):

..............................................................................................................................................................................


.............................................................................................
Signature of the Consumer(s) / Privileged Entrepreneur(s)
(only if this form is notified on paper)

Date ............................................

(*) Delete as appropriate.