TERMS AND CONDITIONS OF THE ONLINE STORE
Natalia Mal Art
§ 1
Introductory provisions
1. "Natalia Mal Art" Internet Shop, available at the Internet address www.nataliamalart.com, is run by Natalia Malinowska conducting business activity under the name Pracownia Artystyczna Natalia Malinowska, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister responsible for economy, NIP 5783002152.
2. These Terms and Conditions are addressed both to Consumers and Entrepreneurs using the Store and define the rules for the use of the Online Store and the principles and procedure for concluding Distance Sales Agreements with the Customer through the Store.
§ 2
Definitions
Consumer - a natural person concluding a contract with the Seller within the framework of the Store, the subject of which is not directly related to his/her economic or professional activity.
Seller - Pracownia Artystyczna Natalia Malinowska, 15M Pomorska Street, postal code 82-316, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the Minister of Economy, NIP 5783002152.
Customer - any entity making purchases through the Store.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, performing a business on its own behalf, who uses the Store.
Store - an online store operated by the Seller at the Internet address www.nataliamalart.com
Distance contract - a contract concluded with a Customer within an organized system of concluding contracts at a distance (within the Store), without the simultaneous physical presence of the parties, with the exclusive use of one or more means of distance communication up to and including the conclusion of the contract.
Regulations - these regulations of the Store.
Order - the Customer's statement of intent made via the Order Form and aimed directly at concluding a Sales Contract for a Product or Products with the Seller.
Account - Customer's account in the Store, it collects data provided by the Customer and information about Orders placed by him/her in the Store.
Registration form - a form available in the Store that allows you to create an Account.
Order form - an interactive form available in the Store that allows placing an Order, in particular by adding Products to the Basket and determining the terms of the Sales Agreement, including the method of delivery and payment.
Shopping Cart - an element of the Store's software in which the Products selected by the Customer for purchase are visible, and it is also possible to determine and modify the details of the Order, in particular the quantity of products.
Product - a movable item/service available in the Store, which is the subject of a Sales Contract between the Customer and the Seller.
Sales Agreement - an agreement for sale of a Product concluded or entered into between the Customer and the Seller through the Online Store. The Sales Agreement is also understood to mean - applying to the characteristics of the Product - a contract for the provision of services and a contract for work.
§ 3
Contact with the Shop
Seller's address: Pomorska 15M, 82-316 Milejewo
Seller's e-mail address: hello@nataliamalart.com
Seller's phone number: +48 668 220 694
Seller's bank account number: mBank 26 1140 2004 0000 3102 8457 2820
The Client may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may communicate with the Seller by telephone between 10:00 and 18:00 hours.
§ 4
Technical requirements
In order to use the Store, including browsing the Store's assortment and placing orders for Products, it is necessary to have:
- a terminal device with access to the Internet and a web browser
- an active electronic mail (e-mail) account.
§ 5
General information
1. The Seller, to the fullest extent permitted by law, shall not be liable for interference, including interruptions in the operation of the Store caused by force majeure, unauthorized actions of third parties or incompatibility of the Online Store with the technical infrastructure of the Customer.
2. Browsing the assortment of the Store does not require creating an Account.
Placing orders by the Customer for Products in the assortment of the Store is possible by providing the necessary personal and address data to enable the execution of the Order without creating an Account.
3. Prices given in the Store are given in Polish zloty and are gross prices (including VAT).
4. The final (final) amount to be paid by the Customer consists of the price for the Product, about which the Customer is informed on the pages of the Store during the placement of the Order, including at the moment of expressing the will to be bound by the Sales Agreement.
5. When the nature of the subject matter of the Agreement does not allow, reasonably judging, to calculate in advance the amount of the final (final) price, information about the manner in which the price will be calculated, as well as charges for transportation, delivery, postal services and other costs, will be provided in the Store in the Product description.
§ 6
Rules for placing an Order
To place an Order, you need to:
- select the Product that is the subject of the Order, and then click the "To Cart" button (or equivalent);
- use the option of placing an Order without registration;
- fill in the Order Form by entering the data of the recipient of the Order and the address to which the Product is to be delivered, enter the data for invoice, if different from the data of the recipient of the Order,
- click the "I Order" button and confirm the order
- pay for the Order within the specified period of time, subject to § 8 item 3.
§ 7
Delivery and payment methods offered
The Customer may use the following methods of delivery or collection of the ordered Product:
- Courier delivery
- Delivery by traditional mail
The Customer may use the following payment methods:
- Payment by bank transfer to the Seller's account
- Electronic payment
- PayPal payment
- Payment by credit card, supported cards are: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro, American Express, Jcb, China Union Pay, Discover.
If there is a need for a refund for a transaction made by a customer with a payment card, the seller will make the refund to the bank account assigned to the payment card of the ordering party. When paying by card, the order processing time is calculated from the moment the transfer is credited to the seller's account.
In my store, electronic payments are handled by Stripe. Stripe is owned and operated by 354 Oyster Point Blvd, South San Francisco, CA 94080.
§ 8
Implementation of the sales contract
1. The conclusion of the Sales Agreement between the Customer and the Seller shall take place after the Customer places an Order using the Order Form in the Online Store in accordance with § 6 of the Terms and Conditions.
2. After placing an Order, the Seller shall immediately confirm its receipt and simultaneously accept the Order for execution. Confirmation of receipt of the Order and its acceptance for execution shall be made by the Seller sending the Client a relevant e-mail message to the Client's e-mail address provided during the placement of the Order, which contains at least the Seller's statements about receipt of the Order and its acceptance for execution and confirmation of the conclusion of the Sales Agreement. As soon as the Customer receives the above e-mail message, the Sales Agreement between the Customer and the Seller is concluded.
3. If the Customer chooses:
- payment by bank transfer, the Customer is obliged to make payment within 5 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be cancelled.
4. If the Customer has chosen a method of delivery other than personal collection, the Product will be dispatched by the Seller within the period indicated in its description (subject to paragraph 5 of this section), in the manner selected by the Customer when placing the Order.
5. In case of ordering Products with different delivery dates, the delivery date shall be the longest date specified.
6. In case of ordering Products with different delivery times, the Customer has the option to request delivery of the Products in parts or delivery of all the Products after completion of the entire order.
7. The beginning of the period of delivery of the Product to the Customer is calculated as follows:
- in case the Customer chooses the method of payment by bank transfer - from the date of crediting the Seller's bank account.
- If the Customer chooses to collect the Product in person, the Product will be ready for collection by the Customer on the date indicated in the Product description. The Customer will additionally be informed by the Seller about the readiness of the Product for collection by sending an appropriate e-mail message to the Customer's e-mail address provided during the placement of the Order.
8. Delivery of the Product takes place on the territory of Poland.
9. The delivery of the Product takes place also in the European Union - the shipping costs are agreed individually.
10. delivery of the Product to the Customer is chargeable, unless the Sales Agreement provides otherwise. The Product delivery costs (including transportation, delivery and postal service fees) are indicated to the Customer in an e-mail message after placing the Order.
11. personal collection of the Product by the Customer is free of charge.
PRIVACY POLICY
of the online store www.nataliamalart.com
1. General Information
This Privacy Policy defines the principles of processing and protection of personal data provided by Users in connection with their use of shopping services through the Service.
2. The administrator of the personal data contained in the Service is Pracownia Artystyczna Natalia Malinowska with its registered office in Milejewo at 15M Pomorska Street, postal code 82-316, NIP 5783002152.
3. Out of concern for the security of the data entrusted to us, we have developed internal procedures and recommendations to prevent data from being made available to unauthorized persons. We control their execution and constantly check their compliance with the relevant legal acts - the Personal Data Protection Act, the Act on Provision of Electronic Services, as well as all kinds of executive acts and acts of Community law.
4. Personal Data is processed on the basis of the consent expressed by the User and in cases where the provisions of law authorize the Administrator to process personal data on the basis of the provisions of law or in order to implement the agreement concluded between the parties.
5. The Service performs functions of obtaining information about users and their behavior in the following ways:
(a) through information voluntarily entered in forms
6. The Service collects information voluntarily provided by the user.
7. The data provided in the form shall be processed for the purpose resulting from the function of the specific form, e.g. to perform the process of handling the information contact or order.
8. Personal data left on the site will not be sold or shared with third parties, in accordance with the provisions of the Law on Personal Data Protection.
9. The data contained in the form can be accessed by the individual who placed it there. This person also has the right to modify and stop processing his/her data at any time.
10. we reserve the right to change the privacy policy of the website, which may be affected by the development of Internet technology, possible changes in the law on personal data protection and the development of our website. We will inform you of any changes in a visible and understandable manner.
If you have any doubts about any of the provisions of this privacy policy, we are at your disposal - our data can be found in the tab - CONTACT.
RETURN POLICY
§ 1
Right of withdrawal
1. The Consumer may, within 14 days, withdraw from the Sales Agreement without giving any reason (does not apply to custom painted works and e-books).
2. The running of the period specified in paragraph 1 shall begin from the delivery of the Product to the Consumer or a person other than the carrier designated by the Consumer.
3. In the case of an Agreement that includes multiple Products that are delivered separately, in batches or in parts, the period specified in paragraph (1) shall run from the delivery of the last item, batch or part.
4. The Consumer may withdraw from the Contract by submitting a statement of withdrawal from the Contract to the Seller. To meet the deadline for withdrawal from the Contract, it is sufficient for the Consumer to send the statement before the deadline.
The statement may be sent by traditional mail or electronically by sending the statement to the Seller's e-mail address - the Seller's contact details are specified in § 3 of the Shop Regulations.
5. Effects of withdrawal from the Agreement:
In the event of withdrawal from the Contract concluded at a distance, the Contract shall be considered not concluded.
In the case of withdrawal from the Contract, the Seller shall return to the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer's statement of withdrawal from the Contract, all payments made by the Consumer, including the costs of delivery of the goods, except for additional costs resulting from the delivery method chosen by the Consumer other than the cheapest ordinary delivery method offered by the Seller.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not incur any costs for him.
The Seller may withhold reimbursement until it receives the Product back or until it is provided with proof of return, whichever event occurs first.
The Consumer should send back the Product to the Seller's address given in these Terms and Conditions immediately, no later than 14 days from the day on which he informed the Seller about the withdrawal from the Contract. The deadline will be met if the Consumer sends back the Product before the expiration of the 14-day period.
The Consumer shall bear the direct costs of returning the Product, including the costs of returning the Product if, due to its nature, the Product could not be sent back by mail in the usual manner.
The Consumer shall be liable only for the diminished value of the Product resulting from the use of the Product in a manner other than necessary to ascertain the nature, characteristics and functioning of the Product.
If, due to the nature of the Product, it cannot be sent back in the usual way by mail, information about this, as well as about the cost of returning the Product, will be provided in an e-mail.
6. The right of withdrawal from a contract concluded remotely does not apply to the Consumer in relation to the Contract:
- in which the subject of the provision is a non-refabricated thing, produced to the Consumer's specifications or serving to meet his individualized needs,
- for the provision of services, if the Seller has performed the service in full with the express consent of the Consumer, who was informed before the start of the service that after the performance by the Seller will lose the right to withdraw from the Agreement.
§ 2
Complaint and warranty
1. The Contract of Sale shall cover new Products.
2. In the event of a defect in the goods purchased from the Seller, the Customer has the right to make a complaint based on the warranty provisions of the Civil Code.
3. Complaint should be reported in writing or electronically to the addresses of the Seller given in these Regulations.
4. It is recommended to include in the complaint, among other things, a brief description of the defect, the circumstances (including the date) of its occurrence, the data of the Customer making the complaint, and the Customer's request in connection with the defect of the goods.
5. The Seller shall respond to the complaint request immediately, no later than within 14 days, and if it does not do so within this period, it shall be deemed that the Customer's request is considered justified.
6. Goods sent back under the complaint procedure should be sent to the address specified in § 3 of the Store Regulations.
§ 3
Out-of-court ways of dealing with complaints and redress of grievances
1. Detailed information on the consumer's ability to use out-of-court procedures for handling complaints and pursuing claims, as well as the rules of access to these procedures, are available at the offices and websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Provincial Inspectorates of Commercial Inspection and at the following web addresses of the Office of Competition and Consumer Protection:
http://www.uokik.gov.pl/spory_konsumenckie.php
http://www.uokik.gov.pl/sprawy_indywidualne.php and
http://www.uokik.gov.pl/wazne_adresy.php
2. The consumer has the following examples of out-of-court means of dealing with complaints and claims:
a) The Consumer is entitled to apply to a permanent amicable consumer court referred to in Article 37 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to resolve a dispute arising from the Agreement concluded with the Seller
b) The Consumer is entitled to apply to the provincial inspector of the Commercial Inspection, pursuant to Article 36 of the Act of December 15, 2000 on Commercial Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for the amicable settlement of a dispute between the Consumer and the Seller.
c) A consumer may obtain free assistance in resolving a dispute between him and the Seller, also using the free assistance of a district (city) consumer ombudsman or a social organization whose statutory tasks include consumer protection (such as the Consumer Federation, the Association of Polish Consumers).
§ 4
Personal data in the Online Store
1. The administrator of Customers' personal data collected through the Online Store is the Seller.
2. The personal data of the Customers collected by the Administrator via the Online Store are collected for the purpose of implementing the Sales Agreement, and if the Customer agrees - also for marketing purposes.
3. In the case of a Customer who uses a courier delivery method in the Online Store, the Administrator shall make the collected personal data of the Customer available to the selected carrier or intermediary performing shipments on behalf of the Administrator.
4. The Customer has the right to access the contents of his/her data and to correct them.
5. Provision of personal data is voluntary, although failure to provide the personal data indicated in the Terms and Conditions necessary for the conclusion of the Sales Agreement results in the inability to conclude this agreement.
§ 5
Final provisions
1. Contracts concluded through the Online Store are concluded in Polish and English.
2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons, that is: changes in laws, changes in methods of payment and delivery - to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. The Seller will inform the Customer about each change at least 7 days in advance.
3. Matters not covered by these Regulations shall be governed by generally applicable provisions of Polish law, in particular: Civil Code; the Law on Provision of Electronic Services; the Law on Consumer Rights, the Law on Personal Data Protection.
4. The customer has the right to use out-of-court ways of processing complaints and claims. For this purpose, he may file a complaint through the EU online ODR platform available at: http://ec.europa.eu/consumers/odr/.