Terms and conditions of purchasing via the Internet store www.krzyz-czarnego-debu.pl
1. Purchaser – the natural person that purchases goods for personal purposes that are not related to the business activities, and who has an agreement with the Seller based on the terms defined by the shop’s offer;
2. Civil Code – the Act of 23 April 1964 (Journal of Laws from 1964, no. 16, item 93 with subsequent amendments);
3. The terms and conditions of purchasing (Terms) – herein document regarding the services provided by the online shop www.krzyz-czarnego-debu.pl
4. Online shop (Shop, Seller) – can be found on the internet under address www.krzyz-czarnego-debu.pl with the use of which the Purchaser can place the orders;
5. Product – product presented in the online shop
6. The agreement of sale – the agreement of sale of goods in accordance with the Civil Code concluded between PPHU Art-consept Bożena Tycel ul. 1-go Maja12/5, 55-320 Maclczyce Tax Identification Number (NIP) 9131181981 and the Purchaser is realized via the online shop;
7. Consumer Rights Directive – the Act from 30 May 2014 regarding customer rights (Journal of Laws from 2014, item 827);
8. Terms for the sale of goods via remote mode – the Act from 18 July 2002 on the provision of services by electronic means (Journal of Laws 2002, no. 144, item 1204., with subsequent amendments);
9. Order – the various elements relating to the inventory list of products that are presented on the Seller’s website and chosen by the Purchaser during the order placement.
II. General provisions
2.1. Herein Terms define the rules of usage of the Online shop www.krzyz-czarnego-debu.pl;
2.2. Herein Terms contain the rules described in Article 8 act on the provision of services by electronic means;
55-320 Malczyce, ul. 1-go Maja 12/5
2.4. Herein Terms define specifically:
– the rules of placing the order via the Internet website of our shop;
– rights and obligations arising from the acquirement of goods via the Online shop;
– the rules for the preparation of sale agreements regarding services provided by the Online shop.
2.5. Computer equipment and system that is being used by the Purchaser for placing the order shall meet the following minimum requirements:
On Windows, Windows XP or later -512 MB of RAM, 300 MB of free disk space
On Mac OS X Lion (10.7) or later – 64-bit Intel system, 512 MB of RAM
300 MB of free disk space
On Linux Ubuntu 14.04 or later – 512 MB of RAM, 300 MB of free disk space
Opera 12.17 or later
Mozilla Firefox 35 or later
Google Chrome 40 or later
Safari 5.1.7 or later
Internet Explorer 9.0 or later
2.6. In order to use the On-line store, the Purchaser should on its own obtain the access to a computer station or a terminal equipment with the Internet access.
2.7. In accordance with the applicable law, KLW – Sp z o.o. has the right to conclude the agreement of sale via the Online shop with persons above the age of 18;
2.8. Purchasers can access herein Terms at any time via the link placed on the homepage www.krzyz-czarnego-debu.pl;
2.9. Information about the goods on the Online shop, descriptions, technical and operational parameters, and prices constitute the offer for the agreement of sale within the meaning of Article 71 of the Civil Code;
2.10. Prices on the website www.krzyz-czarnego-debu.pl are valid from the moment of receiving the e-mail message which contains the final confirmation of all elements of the order or orders. The price shall not change regardless of the change of prices in the Shop which may appear only in regards to specific goods after the Purchaser receives the above-mentioned e-mail with confirmation.
III. Terms and conditions of purchasing via the Internet store
3.1 In order to place the order the terms and conditions of sale must be accepted and the personal data shall be provided by filling in the order form;
3.2 PPHU Art-Consept Bożena Tycel can refuse the Purchaser the right to use the Online shop and can restrict the access to a part or to all goods of the Online shop with immediate effect if the Purchaser violates the Terms, specifically in cases when the Purchaser:
– submitted personal details which are false, not precise or outdated, misleading or violating the rights of a third party
– violates the personal rights of third parties via the Online shop, in particular, the personal rights of other customers of the Online shop,
– Purchaser’s behaviour shall be considered by the PPHU Art-Consept Bożena Tycel to be a behaviour that is incompatible with the provisions of law in force or the general principles of using the Internet or detrimental to the good name of the PPHU Art-Consept Bożena Tycel
3.3 The person that has been deprived of his or her right to use services of the Online shop cannot place the order again without the prior permission of PPHU Art-Consept Bożena Tycel
3.4 In order to ensure messaging and data security in relation to provided services, the Online shop shall take technical and organizational measures appropriate to the security threat of provided services, in particular, the measures to prevent the acquiring or modifying the personal data sent via the Internet by unauthorised persons;
3.5 The Purchaser is obligated to:
– not provide or share content that is prohibited by the law, e.g. content that propagates violence, defamatory material or violating the personal rights or other rights of the third parties,
– use the Online shop in such a manner that will not distort it’s functioning, in particular by using the appropriate software or devices,
– not to take actions such as sharing or sending the unsolicited commercial communication (spam) in regards to the Online shop,
– use the Online shop in a manner that is not burdensome to other clients or to the PPHU Art-Consept Bożena Tycel;
– use any information provided by the Online shop only in the scope of personal usage,
– use the Online shop in accordance with the applicable law in force in the Republic of Poland, in accordance with the Terms and general principles of using the Internet.
– before using the product, all necessary parameters of the product must be checked (size, quantity, quality of the graphics). Also, the Purchaser must read the assembly instructions (glueing) which are available on the website and which mandatorily appear on the product packaging.
The Purchaser is obligated promptly inform the Seller about any inadequacies before using the product. In case of usage of the products.
The Purchaser is not authorised to file a legal claim regarding the quality (flaws) of the product to the Seller. The damages caused by the incorrect usage during the assembly (glueing) do not provide the Purchaser with any grounds for submitting the complaint against the Seller;
3.6 The Online shop is available for the Purchasers at any time. Acceptance of orders with the confirmation form the Seller – from 9:00 (a.m.) to 15:00 (3 p.m.), from Monday to Friday. The orders made after these hours shall be accepted on the next working day.
IV. The procedure for concluding the agreement of sale
4.1 In order to conclude the agreement of sale via the Online shop it is required to enter the website, make choice by taking technical actions based on the presented to the Purchaser messages and information that are provided on the website;
4.2 During the order placing – from the moment of clicking the button “Order with an obligation to pay” – the Purchaser can modify the submitted data and make modifications in the scope of the product choice. In order to do that, the Purchaser must follow the messages and information that are provided on the website;
4.3 After the Purchaser submitted all necessary data via the Online shop, the confirmation of placing the order shall be presented.
The confirmation of placing the order shall contain the following information:
– name of the ordered product,
– prices of products and services,
– additional costs (if applicable),
– the manner of paying for the product,
– place of delivery.
4.4 For the purpose of placing the order it is necessary to accept the Terms, to provide the personal data that is marked as necessary, and to click the button “Order with an obligation to pay;”
4.5 The order placed by the Purchaser constitutes the declaration of will for conclusion and execution of the agreement of sale with the PPHU Art-Consept Bożena Tycel in accordance with herein terms and conditions for the sale of goods;
4.6 After placing the order, the Purchaser will receive the e-mail message titled: www.krzyz-czarnego-debu.pl
(name of the Online shop) / confirmation of placing the order with number **, containing the final confirmation of all relevant elements of the order;
4.7 The Agreement is considered to be concluded at the moment of receiving by the Purchaser the above-mentioned message;
4.8 The agreement of sale is concluded in Polish and/or English based on the trade principles.
5.1 We deliver our products only to Poland
There is a possibility of collecting the order in person
5.2 The shipping of ordered products is realized via Poczta Polska and delivered to the address provided by the Purchaser. The shipping to Poland is free of charge,
5.3. The realization of the order in the Online shop takes 3 working days counting from the moment of receiving the payment, and which constitutes 1-2 days for delivering the order to the address provided by the Purchaser. In case of choosing the cash on delivery option, the time of realization is counted from the moment of placing and confirming the order.
5.4. In case of finding any defects, the Purchaser must inform the Seller promptly by sending the e-mail message to firstname.lastname@example.org or by phone 505 703 044.
VI. Prices and the manner of payment
6.1 The prices of products are provided in PLN and include all components, duty fee and any other components;
6.2 The Purchaser can pay:
– via electronic transfer,
– in cash.
6.3 The payment cannot be done by cheque;
6.3.1 The Seller reserves the right to accept or refuse to accept particular manners of payment in specific cases.
VII. The right of avoidance
In accordance with the Consumer Rights Directive, the shop can execute the right to withdraw in case of “the agreement of the subject is a non-prefabricated good, produced in accordance with the consumer’s specifications or which his or her individual needs.”
VIII. Complaints regarding the Goods
8.1 PPHU Art-Consept Bożena Tycel as the Seller is liable to the Purchaser who is defined as a consumer within the meaning of Article 22 of the Civil Code for the warranty in the scope that is defined in the Civil Code, in particular in the Article 556 and Article 556-556 of the Civil Code;
8.2 Complaints arising from the violation of Customer’s rights guaranteed by the law or by herein Terms should be sent to the following address: KLW – Sp z o.o., Lubelska 46, 22-400 Zamość, Polska, (email@example.com). Failure to consider the complaint within the below mentioned time shall be regarded as justified.
8.3 Any comments or objections after the photo-wallpaper is glued on its place shall not be considered.
IX. Complaints in the scope of providing services via electronic means
9.1 PPHU Art-Consept Bożena Tycel takes actions in order to provide a proper functioning of the shop to the extent of the current technical knowledge, and declares to delete any defects reported by the clients within reasonable deadlines;
9.2 The Purchaser is obligated to promptly inform the PPHU Art-Consept Bożena Tycel about any defects or interruptions in the Online shop’s functioning;
9.3 Irregularities related to the functioning of the shop, the client can report by sending an e-mail message to firstname.lastname@example.org;
9.4 In the complaint document, the client should provide his or her name and surname, address for correspondence, type and date of when the irregularity occurred and which is related to the functioning of the Online shop;
9.5 PPHU Art-Consept Bożena Tycel declares to consider any complaint within 14 days. If this is impossible, then the PPHU Art-Consept Bożena Tycel shall inform the client about the time in which the complaint shall be considered.
10.1 The goods that are presented in the Online shop’s offer are protected by the copyright law. The Purchaser or third-parties do not have the right for production, dissemination or reproduction of Seller’s goods (incl. pictures, slides, photographs) which are presented on the website of the Online shop. Usage of the above-mentioned goods is possible only after obtaining a written permission from the Seller which can be given for a specific purpose and for a fixed amount of time.
10.2 Photographs, slides, pictures, contents, images, etc. can be published only with the consent of the Seller and under the Seller’s conditions;
10.3 If the Purchaser provides the Seller with Purchaser’s own materials, it is concluded that they hold the copyright to these designs. The Seller reserves the right to request a written confirmation of holding the copyright. In the event of not providing the proof of the authorship, the Purchaser is considered to be inauthentic and the Seller can revoke the order;
10.4 Other issues that have not been covered in this section, fall under the regulations of 2 April 1994 on Copyrights and Related Rights.
Complaints and return of products
The right of avoidance
Information for the Customer
What is the right of avoidance?
You have the right to withdraw from this agreement within 14 days counting from the date of receiving the order, and without providing any reason for the withdrawal. In order to execute the withdraw from the agreement, you must notify us about your decision and enclose the return form to the returned package. Also, you can report your will of returning the order by using a different form of declaration which shall contain the information in regards to your decision.
The effects of executing the right of avoidance.
In the event of withdrawing from the agreement, we shall repay the balance for returned goods within 7 working days, and no later than 14 days counting from the day of receiving the returned product.
The reimbursement shall be done by using the same manner of payment which has been used by you during the initial transaction. We kindly inform that in the event of returning all ordered goods simultaneously, we shall repay the balance for transport from the warehouse to the Customer. We do not accept returns sent by cash on delivery.
Information for the Customer
What is the complaint?
You have the right to file the complaint within 2 years counting from the moment of purchase. In order to execute the complaint, you must notify us about your decision and return the product to the provided address. Also, you can file the complaint by using a different form of declaration which shall contain the information in regards to your decision.
The effects of executing the complaint.
If the complaint is accepted, we shall repay the balance for the goods that are described in the complaint no later than 14 days counting from the day of receiving the returned product.
The reimbursement shall be done by using the same manner of payment which has been used by you during the initial transaction. We do not accept packages sent by cash on delivery.
XI. Final Provisions
11.1 Any disputes arising between the PPHU Art-Consept Bożena Tycel and the Customer who is a consumer within the meaning of Article 221 of the Civil Code, shall be referred for determination to the competent court in accordance with the appropriate provisions of the Civil Procedure Code;
11.2 Any disputes arising between the PPHU Art-Consept Bożena Tycel and the Customer who is a consumer within the meaning of Article 221 of the Civil Code, shall be referred for determination to the competent court for the registered office of the PPHU Art-Consept Bożena Tycel;
11.3 Placing the order by the Purchaser via the website www.krzyz-czarnego-debu.pl, means that the Purchaser has given full and unconditional permission for the processing and use of personal data by the PPHU Art-Consept Bożena Tycel within the meaning of the provisions of the Act of 29 August 1997 on the Protection of Personal Data. This information shall be stored on home.pl servers while ensuring the safety of data in accordance with the applicable law. The Seller guarantees confidentiality and safety of storing the personal data of the individual;
11.4 The Online shop reserves the right to change herein Terms. Information 3.1 For the purpose of placing the order, the changes shall be published on the website. Customers who place the order shall be notified about any changes in the Terms via e-mail with the right to withdraw from the agreement within 14 days counting from the day of sending the notification. Changes in herein Terms enter into force once the withdrawal period has expired. The orders placed before the changes in Terms enter into force, shall be subject to the Terms that were in force during the time of placing the order.
11.5 The Online shop works to provide pictures and description of the goods in accordance with their actual characteristics. Due to the limited interconnection that relates to the accurate portrayal of colour via the Internet, presented colours should be treated as approximate. Colourful pictures may differ due to different display settings and a web browser that is being used by the Purchaser.