defining, among others, the rules for concluding sales contracts through the Store, containing essential information about the Seller, the Store, and Consumer rights
TABLE OF CONTENTS
§ 1 Definitions § 2 Contact with the Seller § 3 Technical Requirements § 4 Shopping in the Store § 5 Payments § 6 Order Fulfillment § 7 Right of Withdrawal from the Contract § 8 Exceptions from the Right of Withdrawal from the Contract § 9 Complaints § 10 Personal Data § 11 Reservations Attachment No. 1: Template Withdrawal Form
§ 1 DEFINITIONS
Business Days - days from Monday to Friday, excluding public holidays. Account - a free-of-charge Store function (service provided electronically), allowing the Buyer to create their individual Account in the Store, subject to separate regulations. Consumer - a consumer within the meaning of the provisions of the Civil Code. Buyer - any entity making purchases in the Store. Regulations - these regulations. Store - Kraina Tuptusia online store operated by the Seller at www.krainatuptusia.pl. Seller - ALEKSANDRA MARIA MACURA, an entrepreneur conducting business activity under the name Kraina Tuptusia Aleksandra Macura, registered in the Central Register and Information on Business Activity maintained by the minister responsible for the economy and running the Central Register and Information on Business Activity, NIP 5472213295, REGON 383805050, ul. Kozia 3/27, 43-300 Bielsko-Biała
§ 2 CONTACT WITH THE SELLER
1. Postal Address: ul. Kozia 3/27, 43-300 Bielsko-Biała 2. Email Address: firstname.lastname@example.org 3. Phone: 502817060
§ 3 TECHNICAL REQUIREMENTS
1. For the proper functioning of the Store, the following are required:
device with internet access
2. In order to place an order in the Store, in addition to the requirements specified in paragraph 1, an active email account is necessary.
§ 4 SHOPPING IN THE STORE
1. The prices of goods visible in the Store are total prices for the goods. 2. The Seller points out that the total order price consists of the following elements indicated in the Store: the price for the goods and, if applicable, the costs of goods delivery. 3. The chosen goods for purchase should be added to the shopping cart in the Store. 4. Then, the Buyer selects from the available options in the Store: the method of goods delivery and the payment method for the order, as well as provides the necessary data for the execution of the placed order. 5. The order is placed when its content is confirmed, and the Regulations are accepted by the Buyer. 6. Placing an order is equivalent to concluding a sales contract between the Buyer and the Seller. 7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than at the time of delivering the goods. 8. The Buyer may register in the Store, i.e., create an Account, or make purchases without registration by providing their data with each subsequent order.
§ 5 PAYMENTS
1. The placed order can be paid for by:
Regular bank transfer to the Seller's bank account.
Using a payment card: Visa, Visa Electron, MasterCard, MasterCard Electronic, Maestro.
Through a payment platform: Przelewy24, Blue Media.
Cash on delivery, i.e., by card or in cash at the time of delivery to the Buyer.
2. In the case of the Buyer choosing a payment in advance, payment for the order must be made within 7 business days from placing the order. 3. The Seller informs that for some payment methods, due to their nature, payment can only be made directly after placing the order. 4. By making purchases in the Store, the Buyer accepts the use of electronic invoices by the Seller. The Buyer has the right to withdraw their acceptance.
§ 6 ORDER FULFILLMENT
1. The Seller is obliged to deliver goods without defects. 2. The order fulfillment period is specified in the Store. 3. In the case where the Buyer has chosen a payment in advance for the order, the Seller will commence the order fulfillment after the payment has been made. 4. In the situation where the Buyer has purchased goods with different fulfillment times within one order, the order will be fulfilled within the period appropriate for the goods with the longest time. 5. The goods are delivered exclusively within the territory of the Republic of Poland. 6. The goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:
Through a courier company.
To InPost parcel lockers.
§ 7 RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. The consumer has the right to withdraw from the agreement concluded with the Seller through the Store, with the reservation specified in § 8 of the Regulations, within 14 days without giving any reason. 2. The deadline for withdrawal from the agreement expires after 14 days from the day:
on which the consumer took possession of the goods or on which a third party other than the carrier and indicated by the consumer took possession of the goods.
on which the consumer took possession of the last item or on which a third party other than the carrier and indicated by the consumer took possession of the last item in the case of an agreement that requires the transfer of ownership of several items, which are delivered separately.
in the case of an agreement for the supply of digital content - from the date of concluding this agreement.
3. In order to exercise the right of withdrawal from the agreement, the consumer must inform the Seller of their decision to withdraw from the agreement by means of an unequivocal statement (for example, a letter sent by post or information sent by electronic mail) using the data provided in § 2 of the Regulations. 4. The consumer may use the model withdrawal form placed at the end of the Regulations, but it is not obligatory. 5. To meet the deadline for withdrawal from the agreement, it is sufficient for the consumer to send information regarding the exercise of their right to withdraw from the agreement before the withdrawal period has expired.
CONSEQUENCES OF WITHDRAWAL FROM THE AGREEMENT
6. In the event of withdrawal from the concluded agreement, the Seller shall refund to the consumer all payments received from them, including the costs of delivering the goods (with the exception of additional costs resulting from the consumer's chosen method of delivery other than the least expensive regular method of delivery offered by the Seller), without undue delay, and in any case no later than 14 days from the day on which the Seller was informed of the consumer's decision to exercise the right of withdrawal from the agreement. 7. The Seller will make the refund using the same means of payment as the consumer used in the initial transaction, unless the consumer has expressly agreed otherwise. In any case, the consumer will not incur any fees in connection with this refund. 8. The Seller may withhold the refund until the goods are received back or until the consumer provides proof of their return, whichever occurs first. 9. The Seller requests that the consumer return the goods to the following address: ul. Kozia 3/27, 43-300 Bielsko-Biała, without undue delay and in any event no later than 14 days from the day on which the consumer informed the Seller of the withdrawal from the sales agreement. The deadline is met if the consumer sends back the goods before the period of 14 days has expired. 10. The consumer bears the direct cost of returning the goods. 11. The consumer is liable only for the diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics, and functioning of the goods. 12. If the nature of the goods does not allow them to be returned by regular mail, the consumer will also have to bear the direct cost of returning the goods. The estimated amount of these costs will be provided to the consumer by the Seller in the product description in the Store or when placing the order. 13. In the event of a refund for a transaction made by the Buyer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.
§ 8 EXCEPTIONS TO THE RIGHT OF WITHDRAWAL FROM THE AGREEMENT
1. The consumer does not have the right to withdraw from a distance agreement in relation to an agreement:
whose subject matter is an item that is not prefabricated and has been produced according to the consumer's specifications or is intended to meet their individual needs;
whose subject matter is an item that is liable to deteriorate rapidly or has a short shelf life;
whose subject matter is an item delivered in a sealed package that cannot be returned after opening the packaging due to health protection or hygiene reasons, if the packaging has been opened after delivery;
whose subject matter is items that, after delivery, due to their nature, are inseparably connected with other items;
2. The right of withdrawal from a distance agreement does not apply to entities other than the consumer.
§ 9 COMPLAINTS
1. In the event of a defect in the goods, the Buyer has the option to lodge a complaint regarding the defective goods based on the provisions of the Civil Code regarding warranty or guarantee, if a guarantee has been provided. 2. By exercising the warranty, the Buyer may, under the rules and within the periods specified in the Civil Code:
Submit a declaration of price reduction.
In the case of a significant defect - submit a declaration of withdrawal from the agreement.
Demand the exchange of the item for one free from defects.
Demand the removal of the defect.
3. The Seller requests that complaints based on the warranty be submitted to the postal or electronic address provided in § 2 of the Regulations. 4. If it turns out that, in order to consider the complaint, it is necessary to deliver the advertised goods to the Seller, the Buyer is obliged to deliver the goods, at the Seller's expense in the case of a consumer, to the following address: ul. Kozia 3/27, 43-300 Bielsko-Biała. 5. If a separate guarantee has been provided for the goods, information about it, as well as its terms, is available in the product description in the Store. 6. Complaints regarding the operation of the Store should be addressed to the email address provided in § 2 of the Regulations. 7. The Seller will consider the complaint within 14 days.
OUT-OF-COURT COMPLAINT AND CLAIMS SETTLEMENT METHODS
8. In the event that the complaint procedure does not yield the expected result for the Consumer, the Consumer may use, among others:
mediation conducted by the competent territorial Provincial Inspectorate of Trade Inspection, to which the Consumer should apply with a request for mediation. As a rule, the procedure is free of charge. The list of Inspectorates can be found here: https://www.uokik.gov.pl/wazne_adresy.php#faq595;
the assistance of the competent territorial permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the procedure is free of charge. The list of courts is available at: https://www.uokik.gov.pl/wazne_adresy.php#faq596;
free assistance of the municipal or county Consumer Ombudsman;
the online ODR platform available at: http://ec.europa.eu/consumers/odr/.
§ 10 PERSONAL DATA
§ 11 RESERVATIONS
1. The delivery of content of an unlawful nature by the Buyer is prohibited. 2. Each order placed in the Store constitutes a separate sales agreement and requires separate acceptance of the Regulations. The agreement is concluded for the time and for the purpose of fulfilling the order. 3. Agreements concluded based on these regulations are made in Polish. 4. In the event of a possible dispute with a non-consumer Buyer, the court having jurisdiction will be the court having jurisdiction over the Seller's registered office. 5. None of the provisions of these regulations exclude or limit the rights of the Consumer arising from the provisions of the law. 6. Provisions regarding goods and sales agreements apply accordingly to digital content and agreements for the supply of digital content, unless the Regulations specify these matters separately.
Attachment No. 1 to the Regulations
Below is a model withdrawal form that the Consumer may, but does not have to, use.