Statute

Regulations of the Polcarat Design online store

Defining, among others rules for concluding sales contracts through the store, containing the most important information about the Seller, the store and the rights of the Consumer.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right to withdraw from the contract
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Reservations
Appendix No. 1: Model withdrawal form

§ 1 DEFINITIONS

Working days - days from Monday to Friday, except for public holidays.

Account - a free function of the Store regulated by separate regulations (service provided electronically), thanks to which the Buyer can set up his individual Account in the Store.
Consumer - Consumer within the meaning of the provisions of the Civil Code.
Buyer - any entity Buyer in the Store.
Regulations - these regulations.
Store - Polcarat Design online store run by the Seller at https://polcaratdesign.pl.

Seller - DOROTA JAŻDŻEWSKA, an entrepreneur running a business under the name POLCARAT DESIGN DOROTA JAŻDŻEWSKA, entered into the Central Register and Information on Economic Activity kept by the minister competent for economy and keeping the Central Register and Information on Economic Activity, NIP 9580969388, REGON number 369723942, st. Sobieskiego 93, 84-230 Rumia. Account number: 12 1050 1764 1000 0092 5633 7941

§ 2 CONTACT WITH THE SELLER

  1. Postal address: ul. Sobieskiego 93A, 84-230 Rumia

  2. E-mail address: sklep@polcaratdesign.pl

  3. Phone: 791 639 178

§ 3 TECHNICAL REQUIREMENTS

  1.  For the proper functioning of the Store, you need: To place an order in the Store, in addition to the requirements set out in paragraph 1, an active email account is required.

    • A device with Internet access

    • A web browser that supports JavaScript and cookies.

§ 4 PURCHASES IN THE STORE

  1. The prices of goods visible in the Store are total prices for the goods, including VAT.

  2. The Seller points out that the total price of the order includes the price for the goods indicated in the Store 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 at the moment of 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.

  7. The Seller shall provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium at the latest at the time of delivery of the goods.

  8. The Buyer may register in the Store, i.e. set up an Account in it or make purchases without registration by providing their data with each possible order.

§ 5 PAYMENTS

  1.  You can pay for the placed order, depending on the Buyer's choice: if the Buyer selects payment in advance for the order must be paid within 7 Business Days of placing the order.

    1. By ordinary transfer to the Seller's bank account.

    2. Through the payment platform:

      • PayPal

      • PayU

    3. Cash on delivery, i.e. in cash at the time of delivery of the goods to the Buyer.

  2. The Seller informs that in the case of some payment methods, due to their specificity, payment for the order with this method is possible only immediately after placing the order.

§ 6 ORDER EXECUTION

  1. The seller is obliged to deliver the goods without defects.

  2. The order completion date is indicated in the Store.

  3. If the Buyer has chosen to pay in advance for the order, the Seller will proceed with the order after it has been paid for.

  4. In a situation where, as part of one order, the Buyer purchased goods with different delivery dates, the order will be completed on the date appropriate for the goods with the longest delivery date.

  5.  Countries where the delivery is made:

    • The Republic of Poland

    • Great Britain

    • Germany

    • Norway

    • Ireland

    • USA

  6.  Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

    • Via a courier company

    • Through the Polish Post

    • For InPost parcel lockers

§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT

  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 expires after 14 days from the day:
     In order for     the Consumer to exercise the right to withdraw from the contract, he must inform the Seller,
     using the data provided in § 2 of the Regulations,     about your decision to withdraw from the contract in an unambiguous way statements (for example, a letter sent by post or information sent by e-mail).
     The purchase receipt must be attached to the withdrawal document.

    1. In which the Consumer came into possession of the goods or in which a third party other than the carrier and indicated by the Consumer came into possession of the goods.

    2. In which the Consumer came into possession of the last item or in which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract obliging to transfer ownership of many items that are delivered separately.

  3. The consumer may use the model withdrawal form at the end of the Regulations, but it is not mandatory.

  4. In order to meet the deadline for withdrawal from the contract, it is enough for the Consumer to send information regarding the exercise of his right to withdraw from the contract before the deadline for withdrawal from the contract.

    CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT

  5. In the event of withdrawal from the concluded contract, the Seller returns to the Consumer all payments received from him, including the costs of delivering the goods (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 not later than 14 days from the date on which the Seller was informed about the Consumer's decision to exercise the right to withdraw from the contract.

  6. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution, in each case the Consumer will not incur any fees in connection with this return.

  7. The seller may withhold the return of payment until receipt of the goods or until proof of its return is provided to him, depending on which event occurs first.

  8. The seller asks you to return the goods to the following address: ul. Sobieskiego 42, 84-230 Rumia immediately, and in any case not later than 14 days from the date on which the Consumer informed the Seller about the withdrawal from the sales contract. The deadline is met if the Consumer sends back the goods before the expiry of the 14-day period.

  9. The consumer bears the direct cost of returning the goods.

  10. The consumer is only liable for a decrease in the value of the goods resulting from using them in a different way than was necessary to establish the nature, characteristics and functioning of the goods.

  11. If the goods, due to their nature, cannot be returned in the usual way by post, the Consumer will also have to bear the direct costs of returning the goods. The Consumer will be informed about the estimated amount of these costs by the Seller in the description of the goods in the Store or when placing the order.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

  1.  The right to withdraw from a distance contract is not entitled to the Consumer in relation to the contract:
     The right to withdraw from a distance contract is not entitled to an entity other than the Consumer.

    1. In which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs.

    2. 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 package was opened after delivery.

    3. In which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery.

    5. For the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.

    6. 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.

    7. For the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the entrepreneur about the loss of the right to withdraw from the contract.

§ 9 COMPLAINTS

  1. In the event of a defect in the goods, the Buyer has the option to complain about the defective goods on the basis of the warranty or guarantee regulated 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:
     The Seller asks you to submit complaints under the warranty to the postal or electronic address indicated in § 2 of the Regulations.

    1. Submit a price reduction statement

    2. In the case of a significant defect - submit a statement of withdrawal from the contract

    3. Demand the exchange of items free from defects

    4. Request removal of the defect

  3. 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 these goods, in the case of a Consumer at the Seller's expense, to the address of ul. Sobieskiego 93, 84-230 Rumia.

  4. If an additional guarantee has been granted for the goods, information about it, as well as about its terms, is available in the product description in the Store.

  5. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.

  6. The complaint will be considered by the Seller within 14 days.

    EXTRA-JUDICIAL METHODS OF HANDLING COMPLAINTS AND SUFFERING CLAIMS

  7.  IN in the event that the complaint procedure does not bring the expected result by the Consumer, the Consumer may benefit from, among others: With:

    1. Mediation conducted by the competent Voivodship Inspectorate of Trade Inspection, to which you should apply for mediation. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595.

    2. Assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which the application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596.

    3. Free assistance of the municipal or poviat Consumer Ombudsman.

    4. Online ODR platform available at: http://ec.europa.eu/consumers/odr/.

§ 10 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 is processed on the basis of:

  • contract, or actions taken at the user's request, aimed at its conclusion, in accordance with art. 6 sec. 1 lit. b of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC - i.e. the general regulation on the protection data (“ GDPR ”);

  • the legal obligation imposed on the Seller, e.g. related to accounting in accordance with art. 6 sec. 1 lit. c GDPR;

  • the legitimate interest of the Seller, consisting in the processing of data in order to establish, pursue or defend any claims, in accordance with art. 6 sec. 1 lit. f GDPR.

  • the legitimate interest of the Administrator, consisting in processing for analytical and statistical purposes, i.e. in accordance with art. 6 sec. 1 lit. f GDPR

  • the legitimate interest of the Administrator, consisting in customer satisfaction surveys, i.e. in accordance with art. 6 sec. 1 lit. f GDPR

The processing of the Buyer's personal data, provided when placing the order, takes place in order to implement the concluded sales contract.

Providing data is voluntary, but necessary for the proper implementation of the concluded contract. If the data is not provided, it will not be possible to conclude the contract.

After the conclusion of the contract, the Buyer's data may be transferred to the following entities:

  • provider of software needed to run an online store

  • entity performing the delivery of goods

  • payment provider

  • accounting office

  • hosting provider

  • an entity facilitating the optimization of the Store

  • entity providing the mailing system

  • entity providing marketing services

  • entity providing statistical services

  • relevant public authorities to the extent that the Seller is obliged to provide them with data

The Buyer's data will be processed until the possibility of determining, pursuing or defending any claims ceases to exist or the legal obligation, e.g. related to accounting, ceases to be imposed on the Seller - depending on which of these events occurs later.

The buyer has the right:

  • access to the content of your personal data,

  • rectification of your personal data,

  • delete your personal data,

  • requests to limit the processing of your data,

  • request the transfer of your personal data,

  • and to object at any time to the processing of your data for reasons related to your particular situation - to the processing of personal data concerning you, based on art. 6 sec. 1 lit. f GDPR (i.e. on legitimate interests pursued by the administrator),

In order to exercise the above rights, please send an e-mail to: sklep@polcaratdesign.pl .

In the event that the Buyer considers that his data is being processed unlawfully, he has the right to submit a complaint to the supervisory authority.

§ 11 RESERVATIONS

  1. It is forbidden for the Buyer to provide illegal content.

  2. 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 in order to fulfill the order.

  3. Agreements concluded on the basis of these regulations are concluded in Polish.

  4. In the event of a possible dispute with the Buyer who is not a Consumer, the competent court will be the court competent for the registered office of the Seller.

  5. None of the provisions of these regulations exclude or limit in any way the rights of the Consumer under the law.

TEMPLATE WITHDRAWAL FROM THE CONTRACT
(this form should be completed and returned only if you wish to withdraw from the contract)

POLCARAT DESIGN Dorota Jażdżewska
st. Sobieskiego 93, 84-230 Rumia, e-mail address: sklep@polcaratdesign.pl

- I ................................................ ......................... hereby inform about my withdrawal from the contract of sale of the following items:

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

- Date of receipt ............................................... ................................................

- Name and surname of the Consumer(s) ................................................... ..................................................... ................................................

- Address of the Consumer(s) ..................................................... ................................................
Consumer's signature
(only if the form is sent on paper)
Date .....................................................

(*) Delete where not applicable.