Regulations of the Online Store
1.These Regulations define the general terms, conditions and method of sale conducted by P.P.U.H. ZUWI-dekoracje SEBASTIAN ŁATANIK based in Koziegłowy, via the online store zuwi-dekoracje.com (hereinafter: the “Online Store”) and specifies the terms and conditions of providing services by P.P.U.H. ZUWI-dekoracje SEBASTIAN ŁATANIK based in Koziegłowy free services by electronic means.
§ 1 Definitions
1. Working days – means days of the week from Monday to Friday, excluding public holidays.
2. Delivery – means the actual act of delivering to the Customer by the Seller, via the Supplier, the Goods specified in the order.
3.Supplier – means a courier company with which the Seller cooperates with regard to the Delivery of Goods.
4. Password – a string of letters, numbers or other characters selected by the Customer during Registration in the Online Store, used to secure access to the Customer Account in the Online Store.
5. Customer – means an entity for which electronic services may be provided in accordance with the Regulations and legal provisions or with which a Sales Agreement may be concluded.
6. Consumer – means a natural person who performs a legal transaction with an entrepreneur not related directly to his business or professional activity.
7. Customer Account – means an individual panel for each Customer, launched on his behalf by the Seller, after the Customer has registered and concluded the contract for the provision of the Customer Account service.
8. Entrepreneur – means a natural person, legal person or an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.
9. Entrepreneur with the rights of the Consumer – means a natural person concluding a Sales Agreement directly related to its business activity, when the content of the Sales Agreement shows that it does not have a professional character for this Entrepreneur, resulting in particular from the subject of his business activity, made available on on the basis of the provisions on the Central Register and Information on Economic Activity.
10. Regulations – means these regulations. A set of laws and rules for the operation of an online store.
11. Registration – means the actual act performed in the manner specified in the Regulations, required for the Customer to use all the functionalities of the Online Store.
12. Seller – means Sebastian Łatanik running a business under the name P.P.U.H. ZUWI-deokracje SEBASTIAN ŁATANIK with office in Koziegłowy (42-350), ul. Bema 32, NIP: 577-189-99-52, REGON: 385387555, entered into the Central Register and Economic Information (CEIDG); e-mail: email@example.com, which is also the owner of the Online Store.
13. Seller – means P.P.U.H. ZUWI-dekoracje SEBASTIAN ŁATANIK with headquarters in Koziegłowy (42-350), ul. Bema 32, NIP: 577-189-99-52 REGON: 385387555, entered into the Central Register and Economic Information (CEIDG); e-mail: firstname.lastname@example.org, which is also the owner of the Online Store.
14. Store Website – means the websites where the Seller runs the Online Store, operating in the domain zuwi-dekoracje.com.
15. Goods – means a product presented by the Seller via the Store’s Website, which may be the subject of a Sales Agreement.
16. Durable medium – means a material or tool enabling the Customer or the Seller to store information personally addressed to him, in a way that allows access to information in the future for a period appropriate to the purposes for which this information is used, and which allows the stored information to be restored unchanged.
17. Sales contract – means a sales contract concluded remotely, on the terms set out in the Regulations, between the Customer and the Seller.
§ 2 General provisions and use of the Online Store
1.All rights to the Online Store, including proprietary copyrights, intellectual property rights to its name, its Internet domain, the Store’s Website, as well as to photos, patterns, forms, logos posted on the Store’s Website (except for logos and photos) presented on the Store’s Website for the purpose of presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their use may only take place in a manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
3. The Seller uses the mechanism of “cookies”, which are saved by the Seller’s server on the hard drive of the Customer’s end device when using the Store’s Website by the Customers. The use of “cookies” is aimed at the correct operation of the Store’s Website on the Customers’ end devices. This mechanism does not destroy the Customer’s end device and does not change the configuration of the Customer’s end devices or the software installed on these devices. Each customer may disable the “cookies” mechanism in the web browser of his end device. The Seller indicates that disabling “cookies” may, however, cause difficulties or prevent the use of the Store’s Website.
4. In order to place an order in the Online Store via the Store’s Website or via e-mail and in order to use the services available on the Store’s Websites, it is necessary for the Customer to have an active e-mail account.
5. In order to place an order in the Online Store by phone, it is necessary for the Customer to have an active telephone number and an active e-mail account.
6. It is forbidden for the Customer to provide illegal content and to use the Online Store, the Store’s Website or free services provided by the Seller in a manner that is against the law, decency or infringes the personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of electronic services may involve the risk of obtaining and modifying customer data by unauthorized persons, therefore customers should use appropriate technical measures to minimize the above-mentioned risks. In particular, they should use anti-virus programs and programs protecting the identity of Internet users. The Seller never asks the Customer to provide him with a Password in any form.
8. It is not allowed to use the resources and functions of the Online Store for the purpose of conducting business by the Customer that would infringe the interest of the Seller, i.e. advertising activity of another entrepreneur or product; activity consisting in posting content unrelated to the activity of the Seller; activity consisting in posting false or misleading content.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to make a free Registration.
2. Registration is not necessary to place an order in the Online Store.
3. In order to register, the Customer should complete the registration form provided by the Seller on the Store’s Website and send the completed registration form electronically to the Seller by selecting the appropriate function in the registration form. During Registration, the Customer sets an individual Password.
4. When completing the registration form, the Customer has the opportunity to read the Regulations, accepting its content by marking the appropriate field in the form.
5. After sending the completed registration form, the Customer shall immediately receive, to the e-mail address provided in the registration form, the Registration confirmation by the Seller. At this moment, an agreement for the provision of the Customer Account service by electronic means is concluded, and the Customer gains the ability to access the Customer Account and make changes to the data provided during the Registration.
§ 4 Orders
1. The information contained on the Store’s Website does not constitute an offer of the Seller within the meaning of the Civil Code, but only an invitation to customers to submit offers to conclude a Sales Agreement.
2. The Customer may place orders in the Online Store via the Store’s Website or via e-mail, 7 days a week, 24 hours a day.
3. The Customer may place orders in the Online Store via telephone during the hours and days indicated on the Store’s Website.
4. A customer placing an order via the Store’s Website completes the order by selecting the Goods he is interested in. The Goods are added to the order by selecting the “ADD TO CART” button under the given Goods presented on the Shop Website. After completing the entire order and indicating the method of Delivery and payment method in the “CART”, the Customer places the order by sending the order form to the Seller, selecting the “Order and pay” button on the Store’s Website. Each time before the shipment of the order to the Seller, the Customer is informed about the total price for the selected Goods and Delivery, as well as about all additional costs that he is obliged to incur in connection with the Sales Agreement.
When completing the order form, the Customer may voluntarily consent to the processing of his personal data in order to receive a customer service satisfaction survey, by checking the appropriate box on the form. In this case, the Seller clearly informs about the purpose of collecting the Customer’s personal data, as well as about the known or expected recipients of this data. The survey is used to examine the customer’s opinion about the quality of his service and services. The customer may voluntarily complete the questionnaire.
5. The customer placing an order by phone uses the telephone number provided by the Seller on the Store’s Website. During a telephone conversation, the Customer indicates to the Seller the name of the Goods from among the Goods on the Store’s Website, the quantity of the Goods he would like to order, and specifies the method and address of the Delivery and the form of payment, as well as indicates his e-mail address in order to confirm the content of the proposed contract by the Seller and order confirmation. – in the event that a Sales Agreement is concluded between the Customer and the Seller. Each time during a telephone call, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected method of Delivery, as well as about all additional costs that the Customer would be obliged to incur if the Sales Agreement was concluded.
6. The Seller confirms to the Customer the content of the proposed Sales Agreement, recorded in the form of an electronic message – the confirmation takes place before the conclusion of the Sales Agreement.
7. The Customer’s statement on the conclusion of the Sales Agreement, submitted by him after receiving the confirmation referred to above from the Seller, is recorded on a durable medium.
8. After the conclusion of the Sales Agreement via telephone, the Seller will send, on a Durable Medium, to the e-mail address provided by the Customer, information containing the confirmation of the terms of the Sales Agreement. The confirmation includes in particular: the description of the Good being the subject of the Sales Agreement, its price, delivery cost and information about any other costs that the Customer is obliged to incur in connection with the Sales Agreement.
9. A customer placing an order via e-mail sends it to the e-mail address provided by the Seller on the Store’s Website. In the message sent to the Seller, the Customer specifies in particular: the name of the Product, color and its quantity, among the Goods presented on the Store’s Website, and their contact details.
10. After receiving the message referred to in §4 para. 9, the Seller sends the Customer a return message via e-mail, providing his registration data, the price of the selected Goods and possible forms of payment and the method of Delivery along with its cost, as well as information on all additional payments that the Customer would incur under the Sales Agreement. The message also contains information for the Customer that the conclusion of the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. Based on the information provided by the Seller, the Customer may place an order by sending an e-mail to the Seller, indicating the selected form of payment and the method of Delivery.
11. Placing an order constitutes the submission by the Customer to the Seller of an offer to conclude a Contract for the sale of the Goods being the subject of the order.
12. After placing the order, the Seller sends a confirmation of its acceptance to the e-mail address provided by the Customer. The information about the order confirmation is the Seller’s declaration of acceptance of the offer referred to in §4 sec. 11 above and upon its receipt by the Customer, a Sales Agreement is concluded.
13. After the conclusion of the Sales Agreement, the Seller confirms to the Customer who is a Consumer its terms by sending them on a Durable Medium to the Customer’s e-mail address provided when placing the order.
§ 5 Payments
1. The prices on the Store’s Website placed next to the given Goods are gross prices and do not contain information about the costs of Delivery and any other costs that the Customer will be obliged to incur in connection with the Sales Agreement, about which the Customer will be informed when choosing the method of Delivery and placing the order.
2. The Customer may choose the following forms of payment for the ordered Goods:
a) bank transfer to the Seller’s bank account (in this case, the order will be processed after the Seller sends the confirmation of the order acceptance to the Customer and after the funds are credited to the Seller’s bank account);
b) by payment card or bank transfer via the external payment system Przelewy24.pl, operated by PayPro S.A. based in Poznań (in this case, the implementation of the order will begin after the Seller sends the confirmation of order acceptance to the Customer and after the funds are credited to the Seller’s bank account);
c) in cash or by credit card on delivery, payment to the Supplier when making the Delivery (in this case, the order will be processed after the Seller sends the confirmation of the order to the Customer).
3. The Customer should make the payment for the order in the amount resulting from the concluded Sales Agreement within 7 Business Days, if he chose the form of prepayment.
4. In the event of the Customer’s failure to meet the payment within the time limit referred to in §5 para. 3 of the Regulations, the Seller sets an additional deadline for the Customer to make the payment and informs the Customer about it on a durable medium. The information about the additional payment deadline also includes information that after the expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of the ineffective expiry of the second payment deadline, the Seller will send the Customer on a durable medium a declaration of withdrawal from the contract pursuant to art. 491 of the Civil Code.
§ 6 Delivery
1. The Seller carries out the Delivery within the territory of the European Union.
2. The Seller is obliged to deliver the Goods which are the subject of the Sales Agreement without defects.
3. The Seller shall publish information on the number of Working Days needed for the Delivery and execution of the order on the Store’s Website.
4. The date of Delivery and execution of the order indicated on the Store’s Website is counted in Working Days in accordance with §5 para. 2 of the Regulations.
5. The ordered Goods are delivered to the Customer via the Supplier to the address indicated in the order form.
6. On the day of sending the Goods to the Customer, the information confirming sending the parcel by the Seller is sent to the Customer’s e-mail address.
7. The customer is obliged to inspect the delivered parcel in time and in the manner accepted for parcels of a given type. In the event of a loss or damage to the shipment, the Customer has the right to request the Supplier’s employee to draw up the appropriate protocol.
8. At the customer’s request, the Seller shall send by e-mail to the e-mail address provided by the Customer when placing a one-time order, a proof of purchase, including the delivered Goods. The proof of purchase is delivered by e-mail in the form of an electronic file in PDF format. In order to open the file, the Customer should have free software compatible with the PDF format. The seller recommends the Adobe Acrobat Reader program for this purpose, which can be downloaded free of charge at http://www.adobe.com
In order to receive a VAT invoice containing company data, the customer should declare at the time of purchase that he is purchasing the Goods as an Entrepreneur (taxpayer). The above declaration is submitted by filling in the appropriate field in the order form, before sending the order to the Seller
9. In the absence of the Customer at the address indicated by him, given when placing the order as the Delivery address, the Supplier’s employee will leave a notification or attempt to contact by phone to determine the date on which the Customer will be present. In the event of returning the ordered Goods to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or by phone, agreeing again with the Customer the date and cost of the Delivery.
§ 7 Warranty
1. The Seller provides the Delivery of the Goods free from physical and legal defects. The seller is liable to the customer if the product has a physical or legal defect (warranty).
2. If the Product has a defect, the Customer may:
a) submit a declaration of price reduction or withdrawal from the Contract of Sale, unless the Seller immediately and without undue inconvenience to the Customer replaces the defective Product with a Product free from defects or removes the defect.
This limitation does not apply if the Product has already been replaced or repaired by the Seller or the Seller has not satisfied the obligation to replace the Product with a non-defective one or remove the defects. The Customer may, instead of the removal of the defect proposed by the Seller, demand that the Product be replaced with a Product free from defects, or instead of the Product replacement, demand that the defect be removed, unless it is impossible to bring the Product into conformity with the contract in the manner chosen by the Customer or would require excessive costs compared to the method proposed by the Seller. When assessing the excess of costs, the value of the Product free from defects, the type and significance of the defect is taken into account, as well as the inconvenience to which the Customer would otherwise be exposed.
The Customer may not withdraw from the Sales Agreement if the defect is irrelevant.
b) demand replacement of the defective Product with a Product free from defects or removal of the defect. The Seller is obliged to replace the defective Product with a Product free from defects or remove the defect within a reasonable time without undue inconvenience to the Customer.
The Seller may refuse to satisfy the Customer’s request if it is impossible to bring the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer or would require excessive costs compared to the second possible method of compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
3. The customer who exercises the rights under the warranty is obliged to deliver the defective item to the address of the Seller. In the case of a Customer who is a Consumer and an Entrepreneur with Consumer rights, the cost of delivery is covered by the Seller.
4. The Seller is liable under the warranty if a physical defect is found before the expiry of two years from the release of the Goods to the Customer. A claim for the removal of a defect or replacement of the Product with a Product free from defects expires after one year, but this period may not end before the expiry of the period specified in the first sentence. Within this period, the Customer may withdraw from the Sales Agreement or submit a declaration of price reduction due to a defect in the Goods. If the Customer requested replacement of the Product with a Product free from defects or removal of the defect, the deadline to withdraw from the Sales Agreement or submit a price reduction statement begins with the ineffective expiry of the deadline for replacing the Product or removing the defect.
5. Any complaints related to the Goods or the implementation of the Sales Agreement, the Customer may send in writing to the address of the Seller.
6. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint of the Goods or the complaint related to the implementation of the Sales Agreement submitted by the Customer.
7. The Customer may submit a complaint to the Seller in connection with the use of free services provided electronically by the Seller. The complaint may be submitted in electronic form and sent to the address email@example.com. In the complaint, the customer should include a description of the problem. The Seller shall promptly, but not later than within 14 days, consider complaints and provide the Customer with a reply.
8. The Seller does not use the out-of-court dispute resolution referred to in the Act of 23 September 2016. on out-of-court resolution of consumer disputes.
§ 8 Withdrawal from the Sales Agreement
1. A Customer who is a Consumer and an Entrepreneur with Consumer rights who concluded a Sales Agreement may withdraw from it within 14 days without giving any reason.
2. The period for withdrawal from the Sales Agreement begins from the moment the Goods are taken over by the Consumer, an Entrepreneur with the Consumer’s rights or a third party designated by them, other than the carrier.
3. A Consumer and an Entrepreneur with Consumer rights may withdraw from the Sales Agreement by submitting a declaration of withdrawal to the Seller. This declaration may be submitted, for example, in writing to the address of the Seller, i.e. P.P.U.H. ZUWI-DEKORACJE SEBASTIAN ŁATANIK, Bema 32, 42-350 Koziegłowy, or via e-mail to the Seller’s address, i.e. firstname.lastname@example.org. The declaration may be submitted on a form, the specimen of which was posted by the Seller on the Store’s Website at the following address: Withdrawal form. To meet the deadline, it is enough to send a statement before its expiry.
4. A Consumer and an Entrepreneur with Consumer rights may withdraw from the Agreement by submitting a declaration of withdrawal to the Seller via the form available on the website at: Electronic Withdrawal Form. To meet the deadline, it is enough to send a statement before its expiry. The Seller shall immediately confirm to the Consumer and Entrepreneurs with Consumer’s rights the receipt of the form submitted via the website.
5. In the event of withdrawal from the Sales Agreement, it is considered void.
6. If the Consumer or an Entrepreneur with Consumer rights submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
7. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer’s or Entrepreneur’s statement with the Consumer’s rights to withdraw from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer or Entrepreneur with Consumer’s rights. . The Seller may withhold the reimbursement of payments received from the Consumer or Entrepreneur with Consumer’s rights until the Goods are returned or until the Consumer or Entrepreneurs with Consumer’s rights provide proof of returning the Goods, whichever occurs first.
8. If the Consumer or the Entrepreneur with the Consumer’s rights exercising the right of withdrawal chose a method of delivery of the Goods other than the cheapest usual method of Delivery offered by the Seller, the Seller is not obliged to refund the additional costs incurred by the Consumer or Entrepreneur with the Consumer’s rights.
9. The Consumer or Entrepreneur with the Consumer’s rights is obliged to return the Goods to the Seller immediately, but not later than within 14 days from the date on which he withdrew from the Sales Agreement. To meet the deadline, it is enough to return the Goods to the Seller’s address before the deadline.
10. In the event of withdrawal, the Customer who is a Consumer or an Entrepreneur with Consumer rights bears only the direct costs of the return.
11. If, due to its nature, the Goods cannot be returned by regular mail, the Seller shall inform the Consumer and the Entrepreneur with the Consumer’s rights about the costs of returning the goods on the Store’s Website.
12. The Consumer and the Entrepreneur with the Consumer’s rights are liable for the decrease in the value of the Good as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the Good.
13. The Seller shall refund the payment using the same method of payment as used by the Consumer or Entrepreneur with Consumer rights, unless the Consumer or Entrepreneur with Consumer rights has expressly agreed to a different method of return, which does not involve any costs for him.
§ 9 Free services
1. The Seller provides to the Customers, by electronic means, free of charge services:
a) Contact form;
c) Maintaining a Customer Account.
2. Services indicated in §9 sec. 1 above are provided 7 days a week, 24 hours a day.
3. The Seller reserves the right to choose and change the type, form, time and method of granting access to selected mentioned services, about which he will inform the Customers in a manner appropriate to the amendment of the Regulations.
4. The Contact Form service consists in sending a message to the Seller using the form available on the Store’s Website.
5. Resignation from the free service Contact Form is possible at any time and consists in ceasing to send inquiries to the Seller.
6.The Newsletter service may be used by any Customer who enters his e-mail address, using the registration form provided by the Seller on the Store’s Website. After submitting the completed registration form, the Customer shall immediately receive an activation link by e-mail to the e-mail address provided in the registration form in order to confirm the subscription to the Newsletter. As soon as the link is activated by the Customer, an agreement for the provision of the Newsletter service by electronic means is concluded.
7. The Newsletter service consists in sending by the Seller, to the e-mail address, electronic messages containing information about new products or services in the Seller’s offer. The newsletter is sent by the Seller to all customers who have subscribed.
8. Each Newsletter addressed to given Customers includes in particular: information about the sender, the completed “subject” field, specifying the content of the shipment and information about the possibility and method of resignation from the free Newsletter service.
9. The Customer may at any time resign from receiving the Newsletter by unsubscribing via the link provided in each e-mail sent as part of the Newsletter service or by deactivating the appropriate field in the Customer Account.
10.The Customer Account Service is available after Registration on the terms described in the Regulations and consists in providing the Customer with a dedicated panel on the Store’s Website, enabling the Customer to modify the data he provided during Registration, as well as tracking the status of orders and the history of orders already completed. .
11. The Customer who has registered may submit a request to the Seller to delete the Customer Account, however, in the event of a request to delete the Customer Account by the Seller, it may be deleted within 14 days of the request being made.
12. The Seller is entitled to block access to the Customer Account and free services in the event of the Customer acting to the Seller’s detriment, i.e. conducting advertising activity of another entrepreneur or product; activity consisting in posting content not related to the activities of the Seller; activity consisting in posting untrue or misleading content, as well as in the event of the Customer acting to the detriment of other Customers, breaching the law or the provisions of the Regulations by the Customer, and also when blocking access to the Customer Account and free services is justified by security reasons – in in particular: breaking the security of the Online Store Website by the Customer or other hacking activities. Blocking access to the Customer Account and free services for the above-mentioned reasons lasts for the period necessary to resolve the issue constituting the basis for blocking access to the Customer Account and free services. The Seller shall notify the Customer about blocking access to the Customer Account and free services by electronic means to the address provided by the Customer in the registration form.
§ 10 Protection of personal data
§ 11 Termination of the contract (not applicable to Contracts of Sale)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, subject to the rights acquired by the other party before the termination of the above-mentioned the agreement and the provisions below.
2. The Customer who has registered terminates the contract for the provision of electronic services by sending an appropriate declaration of will to the Seller, using any means of distance communication that allows the Seller to read the Customer’s declaration of intent.
3. The Seller terminates the contract for the provision of electronic services by sending to the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
§ 12 Final provisions
1. The Seller is liable for non-performance or improper performance of the contract, but in the case of contracts concluded with Customers who are Entrepreneurs, the Seller is liable only in the event of deliberate damage and within the limits of actual losses incurred by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a carrier or downloading at any time from the Store’s Website.
3.W przypadku powstania sporu na gruncie zawartej Umowy sprzedaży, strony będą dążyły do rozwiązania sprawy polubownie. The law applicable to the resolution of any disputes arising from these Regulations is Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using out-of-court complaint and redress procedures. The rules of access to these procedures are available at the offices or on the websites of entities authorized to out-of-court dispute resolution. They may be, in particular, consumer ombudsmen or Provincial Inspectorates of the Trade Inspection, the list of which is available on the website of the Office of Competition and Consumer Protection.
The Seller informs that at the address http://ec.europa.eu/consumers/odr/ there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform).
5. The Seller reserves the right to amend these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are implemented on the basis of the Regulations in force on the date of placing the order by the Customer. The amendment to the Regulations comes into force within 7 days from the date of publication on the Store’s Website. The Seller shall inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of an e-mail message containing a link to the text of the amended Regulations. If the Customer does not accept the new content of the Regulations, he is obliged to notify the Seller about this fact, which results in the termination of the contract in accordance with the provisions of §11 of the Regulations.
6. Agreements with the Seller are concluded in Polish.
7. The Regulations shall enter into force on August 1, 2022.