§ 1 [General Provisions]
1. These Regulations (hereinafter: “Regulations”) define the rules for using the online store available at www.paulinasmaszczkurzajewska.com/sklep.
2. The online store is operated by Paulina Smaszcz, who conducts business under the name BRANDNEW Paulina Smaszcz-Kurzajewska, registered in Central Registration And Information On Business, Nowowiśniowa 30/58 St. 04-502 Warsaw, NIP: 9511618059, REGON: 362761052, firstname.lastname@example.org.
3. The following terms used in the Regulations have the following meaning:
5. In order to ensure the security of data in the Store, the Seller will take appropriate measures to prevent unauthorized persons from obtaining and modifying data sent via the Internet.
6. The Customer is obliged to use the Store in a manner consistent with the Regulations, the laws of the Republic of Poland and good manners. In particular, he/she cannot provide content of an unlawful nature or violate any rights of the Seller or third parties.
§ 2 [Electronically provided services]
1. The Seller provides the following electronic services to customers through the Store:
1) Allowing the Customer to establish an Account and providing access to that Account (the “Account Service”);
2) Allowing Customers to add a Product/Ticket to an electronic shopping cart and providing an Order Form to enter into a Contract (the “Contract Service”).
2. All electronically provided services referred to in paragraph, 1, are provided by the Seller free of charge.
3. The Account Service is provided for an indefinite period of time. However, the customer has the opportunity to cancel the account service at any time, without giving any reason. Resignation from this service can be done by sending the Seller the appropriate information, in particular, via e-mail to the address:
email@example.com or in writing to BRAND NEW Paulina Smaszcz, Nowowiśniowa 30/58 St. 04-502 Warsaw. After sending the statement, the Seller will immediately delete the Customer’s Account.
4. The Contract Service is a one-time service and terminates when the Customer either places an Order (clicks the “Buy and Pay” button) or leaves the Order Form page without placing an Order. Before placing an Order (clicking the “Buy and pay” button), the Customer has the right to cancel the Order at any time.
5. Placing an Order via the Order Form requires the completion of the steps referred to in § 4 of the Regulations.
6. The customer has the right to file a complaint regarding the electronically provided services referred to in this paragraph. The complaint can be submitted in particular by e-mail to the following address: firstname.lastname@example.org or in writing to BRAND NEW Paulina Smaszcz, Nowowiśniowa 30/58 St. 04-502 Warsaw.
7. The seller will consider the complaint and respond to it no later than 14 days from the date of receiving it.
§ 3 [Account]
1. An account for a particular Customer placing the first Order will be created automatically.
2. The login will be the e-mail provided by the Customer in the Order Form. The password will be generated automatically.
3. The customer who has his account established obtains the ability to log into the Account.
4. The Seller recommends Customers to change the automatically generated password when logging into the Account for the first time.
5. Logging in to the Account takes place by filling in the appropriate form available on the Store’s website, providing the required data, i.e. the Customer’s e-mail address and password, and clicking the appropriate button.
6. The customer is allowed to have one Account. The customer is obliged to use only his own Account. The customer is obliged to keep confidential and not to transfer to third parties the data allowing access to his Account.
7. The Seller reserves the right to block the Customer’s Account in case of violation of the Regulations by the Customer.
§ 4 [Orders]
1. The Customer may browse the Products/Tickets available in the Store and then order them after completing the Order Form and confirming the conclusion of the Agreement.
2. The Seller allows Customers to order Products/Tickets available in the Store. Specifications of Products/Tickets and their descriptions are available on the Store’s website.
3. In order to conclude the Contract, the Customer has to place an Order. Placing an Order requires in turn:
1) selecting a Product/Ticket by adding it to the electronic shopping cart by clicking the appropriate buttons;
2) filling out the active fields of the Order Form and providing the required (mandatory) data such as: name and surname, address to which the Product is to be shipped, telephone, e-mail address; or logging in to the Account, after which the fields of the Order Form are automatically completed;
3) selection of delivery and payment method from among the options available in the Order Form;
4) ticking the appropriate box under the Order Form, by which the Customer declares that he has read the Regulations and accepts their provisions;
5) confirmation of placing the Order, which takes place by clicking the “Buy and pay” button.
4. Clicking the “Buy and pay” button is equivalent to placing an Order by the Customer with the obligation to pay the Price together with the costs of delivery of the Product.
5. Under the Product Contract, the Seller agrees to transfer ownership of the Product ordered by the Customer to the Customer and deliver the Product to the Customer, and the Customer agrees to receive the Product and pay the Price to the Seller within the timeframe specified in the Regulations. The customer also agrees to pay the cost of delivery of the Product, according to the delivery method chosen by him/her.
6. Under the Ticket Agreement, the Seller agrees to allow the Customer to participate in the Event, to which the Ticket relates. The Customer agrees to pay the Price to the Seller within the timeframe specified in the Regulations.
Delivery of the Ticket is free of charge by sending it to the e-mail address provided by the Customer.
7. The customer is obliged to provide data in the Order Form that is correct and in accordance with reality.
8. During the ordering procedure — up to the moment of pressing the “Buy and pay” button, the Customer has the opportunity to cancel the Order or make changes to it, i.e. the choice of another Product/Ticket; place and method of delivery of the Product; method of payment; and data for shipment.
9. After the Customer has ordered a Product/Ticket, an e-mail message may be sent by the Seller to the Customer’s e-mail address confirming that the order has been received and accepted for processing.
§ 5 [Price]
1. The prices of Products/Tickets available in the Store are specified in Polish zloty and are gross prices, i.e. they include taxes, in particular VAT.
2. The prices of the Products listed on the websites of the Store do not include the cost of delivery of the Product.
3. The cost of delivery of the ordered Product is specified each time on the website of the Store during the placement of the Order and is included in the total value of the Order. The total value of the Order includes the Price of the Product and delivery costs of the Product.
4. The amount to be due to the Seller is the amount shown in the Order summary at the time of purchase by the Customer.
§ 6 [Methods and types of payment]
1. The customer can choose the following payment methods when placing an Order:
a) payment in advance by traditional transfer which means that the Customer makes payment by transferring money to the Seller’s bank account;
b) payment in advance by fast online transfer which means that the Customer makes a transfer payment by Internet banking, through the payment system available in the Store.
2. The customer may not combine different forms of payment on a single Order.
3. The customer who chose to pay in advance by traditional transfer when placing an order should pay the amount due within 7 days of placing the Order.
4. If the Customer chooses to pay via a payment system operated by PayU.pl, the payment service is handled by the service specified in the Store.
§ 7 [Delivery of the ordered Product/Ticket]
1. The product ordered through the Store is delivered to the address provided by the customer. The product is delivered via the courier company specified in the Store.
2. A ticket ordered through the Store is delivered to the e-mail address provided by the Customer in the Order Form. The ticket is delivered free of charge.
3. Products/Tickets ordered through the Store are delivered on working days.
4. The Seller undertakes to send the Product/Ticket to the Customer within 5 working days calculated from the date of crediting the amount due to the Seller’s bank account. The Ticket will be delivered on the date enabling participation in the Event to which the Ticket relates.
8. The purchased Products/Tickets are accompanied by an invoice or a receipt depending on the Customer’s choice.
9. In the case of Products delivered to the Customer by courier, the Customer is obliged to examine the shipment at the time and in the manner usual for shipments of this type. If he found that there has been loss or damage to the goods during carriage, he is obliged to do all things necessary to determine the responsibility of the courier.
In the case of loss or damage to the item, the Seller recommends preparing a damage certificate.
§ 8 [Right of withdrawal]
1. The consumer may withdraw from the Agreement within 14 days from the date of its conclusion without giving any reason.
To meet the deadline it is sufficient to send the statement before its expiration to the Seller’s address or to the Seller’s e-mail address specified in the Regulations.
2. The declaration of withdrawal can be submitted on the form, the model of which is attached to the Regulations. The Consumer may use the model form, but it is not mandatory.
3. The period of withdrawal begins:
1) In the case of Contracts relating to the Product — from the date of taking possession of the Product by the Consumer or a third party designated by the Consumer other than the supplier of the Product;
2) In the case of Ticket Contracts — from the date of conclusion of the contract.
4. In the case of withdrawal from the agreement — the agreement is considered as not concluded.
5. The Seller will promptly (no later than within fourteen days) from the date of receiving the Consumer’s statement On withdrawal from the Agreement, return to the Consumer all payments made by him, including the cost of delivery of the Product. If the consumer has chosen a method of delivery of the Product other than the cheapest ordinary method of delivery offered by the Seller, the Seller is not obliged to return the additional costs incurred by the Consumer.
6. The payment will be returned using the same method of payment used by the consumer unless he has expressly agreed to a different method of return that does not incur any costs for him.
7. The consumer who has withdrawn from the Agreement is obliged to return the Product to the Seller or give it to a person authorized by the Seller to collect it promptly, but no later than fourteen days from the day
on which he or she withdrew from the Agreement unless the Seller offered to collect the item himself or herself. To meet the deadline it is sufficient to return the Product prior to its expiration date.
8. The Seller may withhold reimbursement of payments received from the consumer until the Product is received back or the consumer who has withdrawn from the agreement provides proof of return of the Product, whichever event occurs first.
9. The consumer who has withdrawn from the Agreement shall bear the direct costs of returning the item.
10. The consumer shall be liable for any loss in value of the Product resulting from using the Product beyond that necessary to establish the nature, characteristics, and functionality of the Product.
11. If the consumer has purchased a Ticket for an Event to be held before the expiration of 14 days from the date of the Agreement, the consumer may not withdraw from the Agreement after the day on which the Event took place. The consumer may also not withdraw from the Agreement if he participated in the Event, which took place before the expiration of 14 days from the date of the Agreement.
§ 9 [Product/Ticket Complaints]
1. The Seller undertakes to provide Customers with a Product/Ticket free of physical and legal defects.
2. If the Product/Ticket delivered to the Customer has a defect, the Customer is entitled to file a complaint. The complaint should contain data that allows the Seller to identify the Customer and the subject of the transaction (such as name, surname, and date of purchase). If the relevant data is not provided, the Seller may ask the Customer to provide it.
3. A complaint may be submitted by the Customer, in particular to: email@example.com or in writing to the address: BRAND NEW Paulina Smaszcz, Nowowiśniowa 30/58 St. 04-502 Warsaw.
4. The seller is obliged to respond to the complaint within 14 days of receiving it. After reviewing the complaint, the Seller shall inform the customer whether it recognizes his request as justified.
5. If the processing of a complaint by the Seller or the exercise of rights under the warranty for defects by the Customer requires delivery of the Product to the Seller, the Customer should, after contacting the Seller, deliver the Product to the address indicated by the Seller, but the Product cannot be delivered to the Seller by cash on delivery. The product should be delivered in such a way as to avoid damage during its transportation. The Customer shall deliver the defective Product in its complete state.
§ 10 [Out-of-court procedures for dealing with complaints and claims]
1. The ODR platform, established pursuant to Regulation No. 524/2013 of the European Parliament and of the EU Council of 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR), is available at http://ec.europa.eu/consumers/odr The ODR platform provides an access point for Customers and businesses to settle disputes covered by the above-mentioned Regulation out of court.
2. In the case of a dispute between the consumer and the Seller regarding a complaint filed by the consumer, The consumer has the right to use out-of-court means of handling complaints and claims. In particular, the consumer has the right to request mediation or request an arbitration hearing or use the assistance of a district consumer ombudsman.
3. Detailed information on the possibility for the consumer to use out-of-court dispute resolution and redress procedures, as well as the rules for accessing these procedures, is available at www.uokik.gov.pl.
4. The Seller declares that it does not use amicable dispute resolution methods.
§ 11 [Personal Data]
1. The administrator of the personal data is Paulina Smaszcz-Kurzajewska conducting business under the name BRAND NEW Paulina Smaszcz, registered in Central Registration And Information On Business, Nowowiśniowa 30/58 St. 04-502 Warsaw, NIP: 9511618059, REGON: 362761052, firstname.lastname@example.org.
2. The processing of personal data shall be performed̨ in accordance with the provisions of generally applicable law, and in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of the EU of April 27, 2016. (” GDPR”), as well as in accordance with these Regulations.
3. As part of the Store’s operations, the personal data of customers are processed, such as name and surname, company name, Tax ID, address, e-mail address, telephone number, and bank account number.
4. Provision of personal data by the Customer is voluntary but necessary for the purpose of concluding and implementing a contract for the provision of services or an Agreement to which the Seller and the Customer are parties.
5. The seller ensures the protection̨ of the personal data it processes. In particular, the Seller shall apply appropriate technical and organizational measures to ensure the protection of processed personal data relevant to the risks, threats, and categories of data covered by the protection. In particular, it shall protect the data from being made available to unauthorized persons, from being taken by an unauthorized person, from being processed in violation of the Law, and from being altered, lost, damaged or destroyed.
6. As part of the activities of the Store’s website, information may also be collected about the time of arrival of the inquiry and sending of the response, the address of the website from which the redirection to the Store was made and the type of software used by the user. This information is used for the administration of the Store.
§ 12 [amendment of the Regulations]
1. The seller is entitled to change these regulations for reasons such as a change in the law, a change in the data provided in the forms or a change in the Store’s functions.
2. Amendments to the Regulations shall become effective on the date specified by the Seller which in each case shall not be less than 7 days from the date the new Regulations are made available on the Store’s website.
3. Amendments to the Regulations shall not affect the rights and obligations of the parties arising before such amendment, in particular, in the case of Agreements concluded through the Store, the amendment to the Regulations shall not apply to orders placed before the amended Regulations came into effect.
1. Each Customer with an Account will be informed about changes in the Regulations. Amendments to the Regulations are binding to the Customer if the Customer has not terminated the agreement for the provision of electronic services within 7 days of notification of the changes. Termination of the agreement may be sent via e-mail to the Seller’s e-mail address. In the case of termination of the agreement for the provision of electronic services, The Seller shall immediately delete the Customer’s Account.
§ 13 [Final provisions]
1. The regulations are available on the Store’s website at www.paulinasmaszczkurzajewska.com/sklep and at the Seller’s office.
2. In matters not regulated herein, the provisions of the Polish law shall be applicable, in particular the Civil Code, and in the case of consumers also the provisions of the Act of April 30, 2014, on Consumer Rights.
3. Attachments to the Regulations are: (i) withdrawal form, (ii) complaint form. 4. The court competent to resolve disputes with the seller is the common court with jurisdiction over the seller’s registered office. This provision does not apply to consumers.