Regulations of the www.magicznykamyczek.pl store

TERMS AND CONDITIONS OF THE ONLINE STORE

 

WWW.MAGICZNYKAMYCZEK.PL

§1

GENERAL PROVISIONS

The www.magicznykamyczek.pl store operates on the terms set out in these Regulations.
The Regulations specify the conditions for concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the www.magicznykamyczek.pl Store, the rules for the provision of these services, the conditions for concluding and terminating contracts for the provision of electronic services.
Each Service Recipient, upon taking steps to use the Electronic Services of the www.magicznykamyczek.pl Store, is obliged to comply with the provisions of these Regulations.
In matters not covered by these Regulations, the following provisions shall apply:
the Act on the provision of electronic services of July 18, 2002 (Journal of Laws No. 144, item 1204, as amended),
Consumer Rights Act of 30 May 2014 (Journal of Laws of 2014, item 827),
Act on out-of-court resolution of consumer disputes of September 23, 2016 (Journal of Laws of 2016, item 1823),
The Civil Code Act of April 23, 1964 (Journal of Laws No. 16, item 93, as amended) and other relevant provisions of Polish law

§ 2
DEFINITIONS CONTAINED IN THE REGULATIONS

ORDER FORM - a form available on the website www.magicznykamyczek.pl enabling the submission of an Order.
CUSTOMER - a Service Recipient who is a Consumer who intends to conclude or has concluded a Sales Agreement with the Seller.
CONSUMER - a natural person who performs a legal transaction with the entrepreneur not directly related to his business or professional activity.
PRODUCT - a movable item or service available in the Store, which is the subject of the Sales Agreement between the Customer and the Seller.
REGULATIONS - these Regulations of the Store.
STORE - The Service Provider's online store operating at www.magicznykamyzczek.pl
SELLER, SERVICE PROVIDER - Beata Jac Kamińska conducting business activity  under the name Magic Kamyczek, place of business and delivery address: ul. Okrzei 59, 71-272 Szczecin, NIP: 8522156685, e-mail address (e- mail): jacbeata@gmail.com, telephone number: +48 690364461.
SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.
ELECTRONIC SERVICE - a service provided electronically by the Service Provider to the Service Recipient via the Store.
SERVICE RECIPIENT - a natural person, legal person or an organizational unit without legal personality, which the law grants legal capacity using the Electronic Service.
ORDER - Customer's declaration of will constituting an offer to conclude a Product Sales Agreement with the Seller

§ 3
PRODUCT AND ORDERING INFORMATION

The www.magicznykamyczek.pl store sells products via the Internet, exclusively to Consumers.
The products offered in the Store are new, handmade, free from physical and legal defects and have been legally introduced to the Polish market.
The information on the Store's website does not constitute an offer within the meaning of the law. By placing an Order, the Customer submits an offer to purchase a specific Product under the conditions specified in its description.
The price of the Product shown on the Store's website is given in Polish zlotys (PLN) and includes all components, including VAT. The price does not include delivery costs.
The price of the Product shown on the Store's website is binding at the time of placing the Order by the Customer. This price will not change regardless of price changes in the Store that may occur in relation to individual Products after the Customer has placed the Order.
Orders can be placed via the website using the Order Form (Shop www.magicznykamyczek.pl) - 24 hours a day throughout the year.
The condition for placing an Order in the Store by the Customer is to read the Regulations and accept its provisions at the time of placing the Order.
The Store executes Orders placed from Monday to Friday during the Store's working hours, i.e. from 8 a.m. to 5 p.m. on business days. Orders placed on business days after 17, on Saturdays, Sundays and holidays, will be considered on the next business day.
Products on promotion (sale) have a limited number of items and Orders for them will be processed in the order in which they are received until the stock of a given Product runs out
§ 4

CONCLUSION OF THE SALES AGREEMENT

To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance using the methods provided by the Seller, in accordance with § 3 point 6 and 7 of the Regulations.
After placing the Order, the Seller immediately confirms its receipt.
Confirmation of acceptance of the Order for execution binds the Customer with his Order. Confirmation of receipt and acceptance of the Order for execution takes place by sending an e-mail.
Confirmation of acceptance of the Order for execution includes:
confirmation of all essential elements of the Order,
contract withdrawal form,
these Regulations containing information on the right to withdraw from the contract.
Upon receipt by the Customer of the e-mail referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase (receipt), which will be attached to the Product
§ 5

PAYMENT METHODS

The seller provides the following payment methods:
payment via electronic payment services (STRIPE and PayPal as well as manual payments),
payment by traditional transfer to the Seller's bank account,
payment on delivery at delivery, i.e. for the so-called download.
In the case of payment by traditional transfer, the payment should be made to the bank account number: 83 1050 1559 1000 0091 1971 4203 (ING Bank Śląski) Beata Jac Kamińska, Okrzei 59, 71-272 Szczecin. In the title of the transfer, enter "Order No....".
In the case of payment via electronic payment services, the Customer makes the payment before starting the execution of the Order. Electronic payment services allow you to make payments by credit card or a quick transfer from selected Polish banks.
In the case of payment on delivery, the shipment is sent after verifying the correctness of the address data. The Customer is obliged to pay for the Order and collect the Product from the supplier.
The Customer is obliged to pay the price under the Sales Agreement within 5 working days from the date of its conclusion, unless the Sales Agreement provides otherwise.
If you choose the payments described in points 1.1 and 1.2 of this paragraph, the Product will be sent only after it has been paid for
§ 6

COST, DATE AND METHODS OF DELIVERY OF THE PRODUCT

Product delivery costs are determined during the Order placement process and depend on the choice of payment method and the method of delivery of the purchased Product.
The Product delivery date consists of the time of completing the Product and the time of delivery of the Product by the carrier:
The time of completing the Product is from 1 to 2 working days from the moment of accepting the Order for execution by the Seller.
Delivery of the Product by the carrier takes place on the date declared by him, i.e. from 7 working days from the moment of sending the shipment (delivery takes place only on working days, excluding Saturdays, Sundays and holidays).
Products purchased in the Store are sent only within Poland via Poczta Polska and InPost.
§ 7

PRODUCT COMPLAINT

Warranty claim.
The basis and scope of the Seller's liability towards the Customer who is a Consumer or an entity referred to in §9 of the Regulations, under the warranty covering physical and legal defects, are specified in the Civil Code of April 23, 1964 (Journal of Laws No. 16, item 93, as amended).
Notifications of defects concerning the Product and the submission of a relevant request can be made via e-mail to the following address: jacbeata@gmail.com or in writing to the following address: Okrzei 59, 71-272 Szczecin.
The above message in written or electronic form should contain as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller.
In order to assess physical defects of the Product, it should be delivered to the following address: Okrzei 59, 71-272 Szczecin.
The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.
In the case of a complaint from a Customer who is a Consumer or an entity referred to in §9 of the Regulations - failure to consider the complaint within 14 days of its submission is tantamount to its consideration. In connection with a justified complaint of the Customer who is a Consumer or an entity referred to in §9 of the Regulations, the Seller covers the costs of collection, delivery and replacement of the Product with a defect-free one.
The response to the complaint is provided on paper or another durable medium
§ 8

RIGHT OF WITHDRAWAL FROM THE AGREEMENT

Subject to point 10 of this paragraph, the Customer who is also a Consumer or an entity referred to in §9 of the Regulations who concluded a distance contract may withdraw from it without giving reasons by submitting a relevant statement within 14 days. To meet this deadline, it is enough to send a statement of withdrawal from the contract provided by the Store.
In the event of withdrawal from the contract, the Sales Contract is considered void, and the Consumer or the entity referred to in §9 of the Regulations are obliged to return the Product to the Seller or hand it over to the person authorized by the Seller to collect it immediately, but not later than 14 days from the date in which he withdrew from the contract, unless the Seller offered to pick up the Product himself. To meet the deadline, it is enough to send back the Product before its expiry.
In the event of withdrawal from the Sales Agreement, the Product should be returned to the following address: Okrzei 59, 71-272 Szczecin.
The consumer or the entity referred to in §9 of the Regulations are liable for the decrease in the value of the Product as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product. In order to determine the nature, characteristics and functioning of the Products, the Consumer or the entity referred to in §9 of the Regulations should handle the Products and check them only in the same way as they could do in a stationary store.
Subject to points 6 and 8 of this paragraph, the Seller will refund the value of the Product together with the costs of its delivery using the same method of payment as used by the Consumer, unless the Consumer or the entity referred to in §9 of the Regulations have expressly agreed otherwise return at no cost to them. Subject to point 7 of this paragraph, the return will take place immediately, and at the latest within 14 days from the receipt by the Seller of the statement of withdrawal from the Sales Agreement.
If the Consumer or the entity referred to in §9 of the Regulations have chosen a method of delivery of the Product other than the cheapest usual method of delivery offered by the Store, the Seller is not obliged to reimburse them for the additional costs incurred by them.
If the Seller has not offered to collect the Product from the Consumer or the entity referred to in §9 of the Regulations, he may withhold the reimbursement of payments received from the Consumer until the item is returned or delivered by the Consumer or the entity referred to in §9 of the Regulations, proof of sending it back, depending on which event occurs first.
The consumer or the entity referred to in §9 of the Regulations, withdrawing from the Sales Agreement, in accordance with point 1 of this paragraph, bear only the costs of returning the Product to the Seller.
The fourteen-day period in which the Consumer or the entity referred to in §9 of the Regulations may withdraw from the contract is counted from the day on which the Consumer or the entity referred to in §9 of the Regulations took possession of the Product, and in the case of a service from the date of conclusion of the contract.
The right to withdraw from a distance contract is not entitled to the Consumer or the entity referred to in §9 of the Regulations in the case of a Sales Agreement:
in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs,
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,
in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
in which the subject of the service is a service, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the contract,
in which the subject of the service is an item that deteriorates quickly or has a short shelf life.
The right to withdraw from the Sales Agreement is vested in both the Seller and the Customer in the event of failure by the other party to the contract to fulfill its obligation within the period strictly specified
§ 9

PROVISIONS CONCERNING BUSINESSES ON CONSUMER RIGHTS

(effective from January 1, 2021)

An entrepreneur running a sole proprietorship (this paragraph does not apply to commercial companies) is covered by the protection provided for by the Act on Consumer Rights, provided that the Sales Agreement concluded with the Seller is not of a professional nature.
A person conducting business activity referred to in point 1 of this paragraph is protected only in the scope of:
prohibited contractual provisions - the so-called abusive clauses,
liability under the warranty for physical and legal defects of the Product, in accordance with § 7 of the Regulations,
the right to withdraw from a distance contract, in accordance with § 8 of the Regulations.
The entrepreneur referred to in point 1 of this paragraph loses his rights under consumer protection if the Sales Agreement concluded with the Seller is of a professional nature, which is verified on the basis of the entrepreneur's entry in the Central Register and Information on Economic Activity of the Republic of Poland, in particular the codes of the Polish Classification of Activities indicated therein.
Entrepreneurs referred to in point 1 of this paragraph are not covered by the institutional protection provided for Consumers by the poviat consumer rights ombudsmen as well as the President of the Office of Competition and Consumer Protection
§ 10

TYPE AND SCOPE OF ELECTRONIC SERVICES

Through the Store, the Service Provider enables the use of the Electronic Service consisting in concluding Product Sales Agreements.
The provision of Electronic Services to Service Recipients in the Store takes place under the conditions set out in the Regulations.
The Service Provider has the right to place advertising content on the Store's website. This content is an integral part of the Store and the materials presented in it.

§ 11
CONDITIONS FOR THE PROVISION AND CONCLUSION OF AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES

The provision of the Electronic Service specified in § 10 point 1 of the Regulations by the Service Provider is free of charge.
The contract for the provision of Electronic Services consisting in enabling the submission of Orders in the Store is concluded for a definite period of time and terminates when the Order is placed or ceases to be placed by the Service Recipient.
Technical requirements necessary for cooperation with the ICT system used by the Service Provider:
a computer (or mobile device) with Internet access,
access to e-mail,
Web browser,
enabling Cookies and Javascript in the web browser.
The Service Recipient is obliged to use the Store in a manner consistent with the law and decency, taking into account respect for personal rights and intellectual property rights of third parties.
The Service Recipient is obliged to enter data consistent with the facts.
The service recipient is prohibited from providing illegal content
§ 12

COMPLAINTS RELATED TO THE PROVISION OF ELECTRONIC SERVICES

Complaints related to the provision of Electronic Services via the Store may be submitted by the Customer via e-mail to the following address: jacbeata@gmail.com.
In the e-mail above, please provide as much information and circumstances as possible regarding the subject of the complaint, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and accelerate the consideration of the complaint by the Service Provider.
Consideration of the complaint by the Service Provider takes place immediately, not later than within 14 days from the date of notification.
The Service Provider's response regarding the complaint is sent to the Customer's e-mail address provided in the complaint or in another manner provided by the Customer.
§ 13

INTELLECTUAL PROPERTY

All content posted on the website at www.magicznykamyczek.pl enjoy copyright protection and (subject to § 13 point 3 and elements posted by the Customers, used on the basis of license, transfer of copyright or fair use) are the property of Beata Jac Kamińska conducting business under the business name of Magic Kamyczek, Okrzei 59, 71-272 Szczecin, NIP: 8522156685. The Service Recipient bears full responsibility for damage caused to the Service Provider, resulting from the use of any content of the website www.magicznykamyczek.pl, without the consent of the Service Provider.
Any use by anyone, without the express written consent of the Service Provider, of any of the elements that make up the content and content of the website www.magicznykamyczek.pl constitutes a violation of the Service Provider's copyright and results in civil and criminal liability.
All trade names, Product names, company names and their logos used on the Store's website at www.magicznykamyczek.pl belong to their owners and are used only for identification purposes. They may be registered trademarks. All materials, descriptions and photos presented on the Store's website at www.magicznykamyczek.pl are used for information purposes.
§ 14

FINAL PROVISIONS

Agreements concluded through the Store are concluded in accordance with Polish law.
In the event of non-compliance of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply in place of the challenged provision of the Regulations.
Any disputes arising from the Sales Agreements between the Store and Consumers will be settled in the first place through negotiations, with the intention of amicable settlement of the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this would not be possible or would be unsatisfactory for either party, disputes will be settled by a competent common court, in accordance with point 4 of this paragraph.
Litigation of disputes:
Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer or an entity referred to in §9 of the Regulations, shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of November 17, 1964 (Journal of Laws No. 43, item 296, as amended).
Any disputes arising between the Service Provider and the Service Recipient who is not a Consumer at the same time, shall be submitted to the court having jurisdiction over the seat of the Service Provider.
The Customer who is a Consumer also has the right to use out-of-court dispute resolution, in particular by submitting an application for mediation or an application for consideration of the case by an arbitration court after the complaint procedure is completed (the application can be downloaded from the website http://www.uokik.gov. pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Provincial Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the poviat (municipal) consumer ombudsman or social organization whose statutory tasks include consumer protection. Out-of-court pursuit of claims after the end of the complaint procedure is free of charge.
In order to resolve the dispute amicably, the consumer may, in particular, submit a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.1