Rules and Regulations of using the on-line store
§ 1 GENERAL PROVISIONS
The On-line store: jaskowiecgallery, operating under the address www.marekjaskowiec.com, operated by Sebastian Jaśkowiec with the registered office at the address: 32-400 Myślenice, ul.Piłsdudskiego 30, Poland, assigned with the Tax Identification no. NIP: REGON [Official Business Register no.]: NIP 6812069203 REGON 368893286, registered in the Central Register of Business Activity and Information maintained by the Minister of Development, Poland
These Rules and Regulations define the principles of using the On-line store, in particular the principles of concluding Sales Agreements via the On-line store for the goods offered as the assortment of the On-line store as well as the principles of performance of such Agreements and the principles of complaint procedures.
§ 2 Contact with the On-line store
- Postal address: 32-400 Myślenice, ul.Piłsudskiego 30, Poland
- E–mail address: email@example.com
- Telephone numbers: +48 794198013
- Bank account number: IBAN: PL 21 1050 1445 1000 0097 4640 4079 BIC SWIFT: INGBPLPW
- The Client can communicate with the Seller via contacting the Seller at the addresses and by telephone as provided in this paragraph.
- The Client can communicate with the Seller by telephone on days/at the hours: seven days/24h.
§ 3 Definitions
Whenever these Rules and Regulations refer to the terms stated below, these terms shall
have the meaning as follows:
- Order Form – service available on the On-line store website, through which the Client can purchase goods, in particular by adding the goods to the cart and choosing the terms and conditions of the Sales Agreement- in this the manner of delivery and payment.
- Client – a natural person, including a Consumer, who is 13 at the minimum (provided that any person under 18 has obtained the consent of his/her legal guardian), a legal person or an unincorporated unit which enjoys legal capacity under special laws, that contracts the services via the On-line store.
- Consumer – a user that is a natural person, contracting transactions via the On-line store website that are not directly related to their business or professional activity.
- Client Account – is a personalised account of the Client, activated for the Client by the Seller after the Client has registered for the Client Account service.
- Cart – part of the On-line store, where the Client can see the products they have selected and can modify their selection and other data.
- On-line store – website belonging to the Seller, available at the web address www.marekjaskowiec.com, via which the Client can purchase the Goods from the Seller.
- Seller – entity specified in § 1, that offers goods for sale via the On-line store within its commercial or professional activity.
- Goods – a movable item being the subject matter of the sales/purchase transaction between the On-line store and the Client.
- Sales Agreement – sales agreement of Goods concluded by the Client by means of distant communication via the intermediation of the On-line store.
§ 4 Registration and logging
- The Seller provides its services by electronic means. The said services consist in enabling the Client to open and use the Client Account on the On-line store website.
- Browsing through the assortment of the On-line store does not require the opening of the Client Account. The Client can order the Goods either by opening the Client Account or by providing the personal data and the address necessary for the order completion without opening the Client Account.
- Registration of the Client Account in the On-line store is voluntary and free of charge.
- At any time the Client can remove the Client Account without giving any reasons and without any charges thereunder by sending a relevant request to the Seller, in particular via an e-mail message or a written notice sent to the address provided in § 2.
- In order to complete the registration process of the Client Account, the Client has to read and accept these Rules and Regulations and to grant his/her consent for the processing of their personal data provided during the registration process and marked as mandatory.
§ 5 Placing an order
- The Client can place orders for the products offered in the assortment of the On-line store 7 days a week, 24 hours a day by filing the Order Form.
- When placing an order, the Client has to read and accept these Rules and Regulations. The Client confirms that he/she has read and accepted these Rules and Regulations by ticking a relevant box before the order is finalised. No Client’s acceptance of these Rules and Regulations ticked in the course of the order placement prevents the Client from the purchase of Goods via the On-line store website.
- The goods ordered via the On-line store website can be delivered in the area of worldwide.
- Once an order is placed, the Seller shall forthwith confirm that he/she has received the order and that he/she accepts the order. The order receipt and acceptance is confirmed via a respective e-mail message sent by the Seller to the Client’s e–mail address provided by the Client during the order placement procedure. Such a message shall at least contain the declaration of the Seller that the Seller has received the order and has accepted it for fulfilment and the confirmation that the Sales Agreement has been concluded. Once the Client receives the aforementioned email message, the Sales Agreement is been concluded by and between the Client and the Seller.
- The Client, who when placing the order has selected the advance payment option, shall pay the price and delivery costs within seven days as of the Sales Agreement conclusion. If no payment is made within the deadline, the order is cancelled.
§ 6 Prices of goods
- The prices of goods presented on the On-line store website are in EUR (currency) and are gross prices, inclusive of all the taxes, in this the VAT.
- The final and binding price is displayed in the Cart, as the order total, when the Client places an order via the On-line store.
§ 7 Order fulfilment
The order placed via the On-line store to be delivered to the address in the territory of the Republic of Poland shall be fulfilled within seven working days as of the day:
- in case the Client has selected the payment upon delivery option – as of the day the Seller sends an e-mail message to the Client confirming the acceptance of order for fulfilment,
- in case the Client has selected the advance payment option (by a credit card or an instant bank transfer) – as of the day the Seller receives the confirmation of a properly made payment by the financial technology company.
§ 8 Right of Withdrawal from the Agreement
- A consumer or a natural person concluding the agreement that is directly related with their business activity, should it follow from the contents of the agreement that the agreement that is not of commercial/professional value (which in particular stems from the scope of business activity of such a person, published on the basis of the legal provisions on the Business Activity Central Register and Information Record), can withdraw from the Sales Agreement without any reason within 14 days.
- The time limit specified in section 1 starts running as of the date of delivery of the Goods to the Client or a person other than the carrier indicated by the Client.
- The Client may withdraw from the Sales Agreement by filing an unambiguous declaration on the withdrawal from the Agreement with the Seller. The deadline prescribed for the withdrawal from the Agreement is observed of the Client sends the declaration by ordinary mail to the address indicated in § 2 or to the e-mail address indicated in § 2 prior to the lapse of the deadline.
- The deadline prescribed for the withdrawal from the Agreement is observed if the information pertaining to the exercise of the right to withdraw from the Agreement is sent prior to the lapse of the deadline.
- If the Client withdraws from the Agreement, he/she shall be obliged to forthwith return the goods to the Seller, however, not later than within 14 days as of the day the Client has informed the Seller about the withdrawal from the Agreement. The aforementioned time limit is met if the Client sends the goods back prior to the lapse of the 14 day deadline to the address indicated in § 2.
- In the event of the Client’s withdrawal from the Agreement, the Seller shall forthwith, however, not later than within 14 days as of the day the Seller has received the Client’s notification about the withdrawal from the Agreement, reimburse the Client with the payments received from the Client, including the costs of deliveries, except for any additional costs arising under the payment return option selected by the Client, which is different from the cheapest, typically used by the Seller payment return option.
- The Seller shall reimburse the payment using the same payment method the Client used, unless the Client has expressly agreed to another method of the reimbursement payment – in neither case shall the Client be charged with any additional fees in connection with the reimbursement.
- The Seller shall have the right to suspend the reimbursement of the payments received from the Client until the Seller receives the Goods back or until the Client has sent the confirmation of the Goods return dispatch, the earlier of the two shall apply.
- The Client shall be liable for the value impairment of the product due to his/her use of the product outside its necessary scope in view of the product’s nature, features and functionalities.
- On the basis of Art. 38 of the Law of 30 May 2014 on consumers rights (Journal of Laws of 2020, item 287 as amended), the right to withdraw from the agreement concluded on-line does not apply to the agreements indicated in the aforementioned article.
§ 9 Complaints
- The Sales Agreement concerns (new/second-hand/ new and second-hand) new products. (If second-hand products) The On-line store website contains a detailed description of the condition of each product.
- The Seller is obliged to deliver Goods to the Client that are free of any physical and legal defects. The Seller shall, thus, bear liability towards the Client for any defects of the Goods on principles specified in the provisions of the Law of 23 April 1964 of the Civil Code (consolidated text of the Journal of laws of 2020, item 1740 as amended), in particular in Art. 556 and subsequent articles of the Civil Code.
- A complaint has to be submitted in writing or via e-mail to the Seller’s addresses provided in these Rules and Regulations or with the use of an electronic complaint form, published by the Seller on the On-line store website. The Client is recommended to include in the complaint: a brief description of the defect, circumstances of its occurrence, data of occurrence, particulars of the Client filing a complaint and the demands of the Client in connection with the product defects.
- The Seller shall forthwith review and reply to the complaint, however, not later than within 14 days as of its filing. The Client shall be informed about the outcome of the complaint review in accordance with the data provided by the Client in the complaint form.
§ 10 Out-of-court resolution of complaints and pursuit of claims
- Detailed information concerning the options of out-of-court resolution of complaints and pursuit of claims which the Client can use and principles of their applicability is available in the offices and on the websites of poviat (municipal) consumer ombudsman, social organisations whose statutory purposes include consumer protection, Regional Inspectorates of the Trading Standards Association and on the websites of the Office for Competition and Consumer Protection http://www.uokik.gov.pl
- A Client who has the status of a consumer can enjoy the free of charge assistance in the resolution of his/her individual dispute between a consumer and the On-line store, and thus, can use the free of charge legal assistance of the municipal or poviat consumer ombudsman or a social organisation whose statutory purposes include consumer protection, among others the Consumers’ Federation – website address: http://www.federacja-konsumentow.org.pl
- Consumers can also seek assistance in the resolution of his/her individual dispute or consumer’s complaint at the European Consumer Centres Network. Addresses of these institutions are available on the website of the European Consumer Centres Network: http://www.konsument.gov.pl
- The Client, who is also a consumer, can among others enjoy the following options of the out-of-court resolution of a dispute which has arisen between a consumer and the On-line store:
a.) the right to file a motion with the Regional Inspector of the Trading Standards Association for the opening of the proceedings concerning the out-of-court resolution of a dispute between a consumer and the On-line store, which proceedings could offer the chance to the parties to present their standing in order to resolve the dispute or via which proceedings could offer the chance to present the proposals of the dispute resolution to the parties,
b.) the right to file a motion with the permanent court of conciliation operating at the Regional Inspectorate of the Trading Standards Association for the resolution of the dispute arising from the concluded Sales Agreement.
- The Trading Standards Association is an entity authorised to carry out the proceedings concerning the out-of-court resolution of consumer disputes. Tasks of the Trading Standards Association in the scope of out-of-court dispute resolution proceedings and the organisation and operation of permanent courts of conciliation are performed by the proper Regional Inspectors of the Trading Standards Association.
- The Regional Inspector of the Trading Standards Association proper for the seat of the Seller. The list of all the Regional Inspectorates of the Trading Standards Association and permanent courts of conciliation and their websites is published on the website of the Office for Competition and Consumer Protection http://www.uokik.gov.pl/wazne_adresy.php
- The list of all the institutions that deal with the out-of-court resolution of consumer disputes and the information on cases typically resolved by respective organisations is published on the website of the Office for Competition and Consumer Protection http://www.uokik.gov.pl
- There is also a contact point for out-of-court resolution of consumer disputes and the on-line system of resolution of consumer disputes operating at the Office for Competition and Consumer Protection. Its tasks include giving assistance to consumers in the out-of-court resolution of consumer disputes, in particular disputes arising from cross-border agreements concluded with the consumers.
- A consumer may use the Internet Platform dedicated for the on-line consumer dispute resolution (ODR platform) in accordance with the regulation of the EU Parliament and Council (EU) no. 524/2013 of 21 May 2013 on on-line dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The European ODR platform is to facilitate independent, unbiased, transparent, effective, fast and just out-of-court resolution of consumer disputes via the Internet between consumers and entrepreneurs concerning their contractual obligations arising under the sales agreements concluded on-line or under the services provision agreements concluded between consumers residing in the EU and entrepreneurs seated in the EU. Link to the ODR platform: http://www.ec.europa.eu/consumers/odr.
- A consumer can use all the available options of the out-of-court resolution of complaints and pursuit of claims after the end of the complaint procedure provided that both parties have voluntarily agreed thereto. The On-line store hereby agrees to participate in the out-of-court proceedings to resolve disputes with consumers.
§ 11 Controller of the personal data
- The Controller of the personal data of Clients of the On-line store is Sebastian Jaskowiec, seated in 32-400 Myślenice, Poland , registered in the Central Register of Business Activity and Information maintained by the Minister of Development Poland, operating under the Tax Identification No. [NIP]: 6812069203, REGON [Official Business Register no.]: 368893286.
- Provision of personal data by the On-line store Clients is voluntary, with the reservation, however, that failure to provide the specific data in the registration procedure prevents the registration and account opening as well as placing and fulfilment of any order.
- The On-line store processes the personal data for the following requirements:
a.) proper performance of the Goods Sales Agreement and their dispatch, Failure to provide the personal data necessary for the Sales Agreement shall result in the refusal to conclude the Agreement;
b.) marketing purposes of goods and services offered by the On-line store, provided that the Client has granted their consent (the marketing purposes shall be understood as sending information by e-mail and with the telecommunications devices by text messages in accordance with the Law of 18 July 2002 on the provision of services by electronic means.
- The legal basis for the processing of personal data is the granted consent and in specific cases – the prevailing necessity of performance of the Sales Agreement.
- Each Client whose data is processed by the On-line store shall have the right to:
a.) demand access to their personal data, its correction, transfer, removal or limitation of its processing. For the reason that their data is processed by the On-line store, the Clients also enjoy the right of filing a complaint with the President of the Personal Data Protection Office.
b.) withdraw their consent for the processing of their personal data that is processed based on the prior granted consent. The withdrawal of the consent does not affect the compliance with the law of all the prior data processing acts made on the basis of the consent.
- The Client’s personal data is stored until the Client of the On-line store withdraws his/her consent.
- The On-line store shall not transfer the personal data to any third country.
§ 12 Final provisions
- The Agreements concluded with the On-line store are concluded in Polish.
- The Seller reserves the right to make changes in the Rules and Regulations for important legal or organisational reasons to the extent that might affect the performance of the provisions of these Rules and regulations. The Seller shall inform the Client about each and any such a change with a 15 day notice period at the minimum by publishing the information on the website of the On-line store and by sending the notification of the change in the Rules and Regulations to the registered Clients, to the e-mail-address allocated to respective their accounts.
- In case of any change in these Rules and Regulations, all the Agreements concluded and orders placed prior to the effective date of the changed Rules and Regulations shall be performed/fulfilled in accordance with the Rules and Regulations in the wording binding on the date of the agreement conclusion/order placement by the Client.
- The changed Rules and Regulations are binding for a registered Client who has not closed his/her On-line store account if the Client has sent an unambiguous declaration of will to the addresses indicated in §2 prior to the effective date of the changed Rules and Regulations.
- In any matter not regulated herein, the provisions of the Polish law shall prevail, in particular the Law of 23 April 1964, the Civil Code (consolidated text, Journal of Laws of 2020, item 1745 as amended), and in case of the Clients who are also the consumers – also the provisions of the Law of 30 May 2014 on the consumers’ rights (Journal of Laws of 2020 , item 287 as amended).
- These Rules and Regulations come into force and effect as of and are binding for the agreements concluded on that day and thereafter.