Regulations of the online store www.kolorowekable.pl
1. These Regulations define the general conditions, principles and method of sales conducted by Mariusz Pacholski running a business under the name Pracownia Światła Mariusz Pacholski with its registered office in Gdynia via the online store www.kolorowekable.pl (hereinafter referred to as: "Online Store") and specifies the principles and conditions for the provision of free services by electronic means by Mariusz Pacholski, running a business under the name Pracownia Światła Mariusz Pacholski with its registered office in Gdynia.
§ 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, through the Supplier, the Goods specified in the order.
3. Supplier - means the courier company with which the Seller cooperates in the scope of Delivery of Goods.
4. Password - means a sequence of letters, digits 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 to which, in accordance with the Regulations and legal provisions, services may be provided electronically or with which a Sales Agreement may be concluded.
6. Consumer - means a natural person concluding a legal transaction with an entrepreneur that is not directly related to his or her business or professional activity.
7. Customer Account - means an individual panel for each Customer, launched on their behalf by the Seller, after the Customer has registered and concluded an agreement to provide the Customer Account Management service.
8. Materials - content and multimedia objects (e.g. information, data, graphic files, photos), including works within the meaning of the Act on Copyright and Related Rights, which are provided by the Customer in order to create non-prefabricated Goods, manufactured according to the customer's specifications or to meet his individual needs.
9. Entrepreneur - means a natural person, a legal person or an organizational unit that is not a legal person, which is granted legal capacity by law, conducting business or professional activity on its own behalf and performing a legal act directly related to its business or professional activity.< /p>
10. Regulations - means these regulations.
11. Registration - means an actual action performed in the manner specified in the Regulations, required for the Customer to use all functionalities of the Online Store.
12. Stationary Store - means a place intended for customer service, at the address: ul. Nowodworcowa 15, 81-581 Gdynia, Poland.
13. Seller - means Mariusz Pacholski running a business under the name Pracownia Światła Mariusz Pacholski with its registered office in Gdynia (81-581), Poland, ul. Nowodworcowa 15, NIP: 9532533003, REGON: 221101158, entered into the Central Register and Information on Economic Activity kept by the Minister of Development; e-mail: sklep@kolorowekable.pl, which is also the owner of the Online Store.
14. Store Website - means the websites under which the Seller runs the Online Store, operating in the domain www.kolorowekable.pl</a >.
15. Goods - means a product presented by the Seller via the Store 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 addressed personally to him, in a way that allows access to the information in the future for a period of time appropriate to the purposes for which this information is served, and which allows for the reconstruction of the stored information information unchanged.
17. Sales contract - means a sales contract concluded remotely, on the terms specified 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 economic copyrights, intellectual property rights to its name, its Internet domain, the Store's Website, as well as to patterns, forms and logos posted on the Store's Website (except for logos and photos presented on the Website). Store for the purposes of presenting goods to which copyrights belong to third parties) belong to the Seller, and they may be used only in the manner specified and in accordance with the Regulations and with the consent of the Seller expressed in writing.
2. The Seller will make every effort to ensure that the Online Store can be used by Internet users using all popular web browsers, operating systems, types of devices and types of Internet connections. The minimum technical requirements to use the Store Website are a web browser with at least Internet Explorer 11 or Chrome 39 or FireFox 34 or Opera 26 or Safari 5 or newer, with Javascript enabled, accepting cookies and an Internet connection with bandwidth of at least 256 kbit/s. The Store Website is optimized for a minimum screen resolution of 1024x768 pixels.
3. The Seller uses the mechanism of "cookies", which, when Customers use the Store's Website, are saved by the Seller's server on the hard drive of the Customer's end device. The use of "cookies" is intended to ensure the correct operation of the Store's Website on Customers' end devices. This mechanism does not destroy the Customer's end device and does not cause configuration changes in the Customer's end devices or in the software installed on these devices. Each Customer may disable the "cookies" mechanism in the web browser of their 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 to use the services available on the Store's Websites, the Customer must have an active e-mail account.
5. In order to place an order in the Online Store by phone, the Customer must have an active telephone number and an active e-mail account.
6. It is prohibited for the Customer to provide illegal content and for the Customer to use the Online Store, the Store's Website or free services provided by the Seller in a manner contrary to the law, decency or violating the personal rights of third parties.
7. The Seller declares that the public nature of the Internet and the use of services provided electronically may involve the risk of obtaining and modifying Customer data by unauthorized persons, therefore Customers should use appropriate technical measures that will minimize the above-mentioned threats. In particular, they should use antivirus programs and programs that protect the identity of Internet users. The Seller never asks the Customer to provide him with the Password in any form.
8. It is not permissible to use the resources and functions of the Online Store for the purpose of conducting activities by the Customer that would violate the interests of the Seller.
§ 3 Registration
1. In order to create a Customer Account, the Customer is obliged to complete 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 included 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 box in the form.
5. During Registration, the Customer may voluntarily consent to the processing of his or her personal data for marketing purposes by checking the appropriate box in the registration form. In such a case, the Seller clearly informs about the purpose of collecting the Customer's personal data, as well as the information known to the Seller or the expected recipients of this data.
6. The Customer's consent to the processing of his personal data for marketing purposes does not condition the possibility of concluding an agreement with the Seller for the electronic provision of the Customer Account Management service. Consent may be withdrawn at any time by submitting an appropriate declaration by the Customer to the Seller. The declaration may, for example, be sent to the Seller's address via e-mail.
7. After sending the completed registration form, the Customer immediately receives confirmation of Registration by the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the electronic provision of the Customer Account Management service is concluded, and the Customer gains the ability to access the Customer Account and make changes to the data provided during 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 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. The 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" command under the given Goods presented on the Store's Website. After completing the entire order and indicating the Delivery method and payment method in the "SHOPPING CART", the Customer places the order by sending the order form to the Seller by selecting the "ORDER AND PAY" button on the Store's Website. Each time before sending 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.
5. The Customer placing an order via telephone 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 available on the Store's Website, the quantity of the Goods he would like to order and specifies the method and address of Delivery and the form of payment, and also indicates, at his option, his e-mail address or correspondence address for confirmation by The Seller of the content of the proposed contract and order confirmation - in the event that a Sales Agreement is concluded between the Customer and the Seller. Each time during a telephone conversation, the Seller informs the Customer about the total price of the selected Goods and the total cost of the selected Delivery method, as well as about all additional costs that the Customer would be obliged to incur if a Sales Agreement was concluded.
6. The Seller confirms to the Customer the content of the proposed Sales Agreement, recorded - at the Customer's choice - on paper or in the form of an electronic message - and the confirmation takes place before concluding the Sales Agreement.
7. The Customer's declaration on the conclusion of the Sales Agreement, submitted by him after receiving the confirmation from the Seller referred to above in §4 section 6, is recorded on paper or another durable medium.
8. After concluding the Sales Agreement via telephone, the Seller will send information containing confirmation of the terms of the Sales Agreement on a durable medium to the e-mail or correspondence address provided by the Customer. The confirmation includes in particular: identification of the Goods that are the subject of the Sales Agreement, its price, delivery cost and information on any other costs that the Customer is obliged to incur in connection with the Sales Agreement.
9. The 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 provides in particular: the name of the Goods, color and quantity from among the Goods presented on the Store's Website and his/her contact details.
10. After receiving from the Customer electronically the message referred to in §4 section 9, the Seller sends a return message to the Customer via e-mail, providing its 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 about all additional payments that the Customer would incur under the Sales Agreement. The message also contains information for the Customer that concluding 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 payment method and delivery method.
11. The customer has the option of placing an individual order in which the Goods will be made according to his specifications or will serve to meet his individual needs. For this purpose, when completing the initial order, the Customer may select the model of the Goods in which he is interested from those presented by the Seller on the Store's Website, specifying its properties or giving features closely related to his person. After completing the initial order, the Customer submits a request for a quote to the Seller by sending an e-mail to the e-mail address provided by the Seller. By sending an electronic message to the Seller, the Customer submits an inquiry for a free design including an initial order. The Customer may also send his/her own Materials to place an initial order.
12. After receiving the initial order, the Seller sends the Customer a design of the Goods in the form of a graphic file, in accordance with the initial order, via e-mail, providing possible forms of payment and Delivery along with the cost of Delivery, the gross price of the Goods, as well as its registration data, as well as information about all additional payments that the Customer would incur under the Sales Agreement. The message also contains information for the Customer that concluding the Sales Agreement via e-mail entails the obligation to pay for the ordered Goods. The Customer may accept the submitted design or reject it by sending a message electronically to the Seller. If the design sent by the Seller is accepted, the Customer indicates the selected delivery method and payment method. The customer places an order in this way. Each time before sending the order to the Seller, the total price of the selected Goods and the total cost of the selected Delivery method are provided.
13. Placing an order constitutes an offer by the Customer to the Seller to conclude a Sales Agreement for the Goods that are the subject of the order.
14. After placing the order, the Seller sends confirmation of its submission to the e-mail address provided by the Customer.
15. Then, after confirming the order, the Seller sends information about the acceptance of the order for processing to the e-mail address provided by the Customer. Information about acceptance of the order for execution is the Seller's declaration of acceptance of the offer referred to in §4 section 13 above and upon its receipt by the Customer, a Sales Agreement is concluded.
16. After concluding the Sales Agreement, the Seller confirms its terms to the Customer by sending them on a Durable Medium to the Customer's e-mail address or in writing to the address indicated by the Customer during Registration or placing an order.
§ 5 Payments
1. The prices on the Store's Website posted for a given Good are gross prices and do not include information on 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 execution of the order will begin after the Seller sends the confirmation of order acceptance to the Customer and after the funds are transferred to the Seller's bank account);
b) bank transfer to the Seller's bank account with the option of personal pickup in the Stationary Store (in this case, the execution of the order will begin immediately after the Seller sends the confirmation of order acceptance to the Customer, and the Goods will be released in the Stationary Store after the funds have been credited to the bank account Sellers);
c) payment card or bank transfer via the external payment system Przelewy24, operated by PayPro S.A. with its registered office in Poznań (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of order acceptance and after receiving information from the Przelewy24 system about the positive completion of the payment);
d) by payment card or bank transfer via the external payment system Przelewy24, operated by PayPro S.A. with its registered office in Poznań, with the option of personal pickup in the Stationary Store (in this case, the execution of the order will begin after the Seller sends the confirmation of order acceptance to the Customer and after the Seller receives information from the Przelewy24 system about the payment made by the Customer, and the Goods are released in the Stationary Store) ;
e) bank transfer via the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg (in this case, the execution of the order will begin after the Seller sends the Customer confirmation of acceptance of the order and after the Seller receives information from PayPal about the payment made by the Customer);
f) bank transfer via the external payment system PayPal, operated by PayPal (Europe) S.à r.l. & Cie, S.C.A. with its registered office in Luxembourg, with the option of personal collection at the Seller's Office (in this case, the execution of the order will begin after the Seller sends the confirmation of order acceptance to the Customer and after the Seller receives information from PayPal about the payment made by the Customer, and the Goods are released at the Seller's Office) ;
g) cash on delivery, payment by the Supplier when making the Delivery (in this case, the execution of the order will begin after the Seller sends the confirmation of order acceptance to the Customer);
h) cash or payment card upon personal collection - payment in the Stationary Store (in this case, the order will be processed immediately after the Seller sends the confirmation of order acceptance to the Customer, and the Goods will be released in the Stationary Store).
3. The Customer should make 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 failure by the Customer to make payments within the deadline referred to in §5 section 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. Information about the additional payment deadline also includes information that after the ineffective expiry of this deadline, the Seller will withdraw from the Sales Agreement. In the event of ineffective expiry of the second payment deadline, the Seller will send the Customer a declaration of withdrawal from the contract on a durable medium pursuant to Art. 491 of the Civil Code.
§ 6 Delivery
1. The Seller delivers within the European Union.
2. The Seller is obliged to deliver the Goods that are the subject of the Sales Agreement without defects.
3. The Seller posts information on the Store's Website about the number of Business Days needed for Delivery and order fulfillment.
4. The delivery and order completion date indicated on the Store's Website is counted in Business Days in accordance with §5 section 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 the Goods are sent to the Customer (if the option of personal collection of the Goods has not been selected), information confirming that the shipment has been sent by the Seller is sent to the Customer's e-mail address.
7. The customer is obliged to examine the delivered shipment at the time and in the manner adopted for shipments 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 prepare an appropriate report.
8. The customer has the option of personal collection of the ordered Goods. Collection can be made in the Stationary Store on Business Days, during the opening hours indicated on the Store Website, after prior arrangement with the Seller of the collection date via e-mail or telephone.
9. The Seller, in accordance with the Customer's will, attaches a receipt or a VAT invoice covering the delivered Goods to the shipment being the subject of the Delivery.
10. In the event of the Customer's absence at the address indicated by him, provided when placing the order as the Delivery address, the Supplier's employee will leave a notice or attempt to contact him by phone to arrange a date when the Customer will be present. In the event that the ordered Goods are returned to the Online Store by the Supplier, the Seller will contact the Customer by e-mail or telephone, re-arranging the date and cost of Delivery with the Customer.
§ 7 Warranty
1. The Seller ensures the Delivery of Goods free from physical and legal defects. The Seller is liable to the Customer if the Goods have a physical or legal defect (warranty).
2. If the Goods have a defect, the Customer may:
a) submit a declaration of price reduction or withdrawal from the Sales Agreement, unless the Seller immediately and without excessive inconvenience to the Customer replaces the defective Goods with a defect-free one or removes the defect.
This limitation does not apply if the Goods have already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the Goods with defect-free ones or to remove the defects. The Customer may, instead of removing the defect proposed by the Seller, request replacement of the Goods with a defect-free one or instead of replacing the Goods, demand removal of the defect, unless bringing the item into compliance with the contract in the manner chosen by the Customer is impossible or would require excessive costs compared to the method proposed by the Seller. When assessing excessive costs, the value of the Goods free from defects, the type and significance of the defect found, and the inconvenience to which the Customer would be exposed to another method of satisfaction are taken into account.
b) demand replacement of the defective Goods with those free from defects or removal of the defect. The Seller is obliged to replace the defective Goods with those free from defects or remove the defect within a reasonable time without excessive inconvenience to the Customer.
The Seller may refuse to satisfy the Customer's request if bringing the defective Goods into compliance with the Sales Agreement in the manner chosen by the Customer is impossible or would require excessive costs compared to the second possible method of bringing about compliance with the Sales Agreement. The costs of repair or replacement are borne by the Seller.
3. The Customer who exercises warranty rights is obliged to deliver the defective item to the Seller's address. In the case of a Customer who is a Consumer, the delivery cost is covered by the Seller.
4. The Seller is liable under the warranty if a physical defect is found within two years from the date of delivery of the Goods to the Customer. The claim for removal of a defect or replacement of the Goods with a defect-free one expires after one year, but this period cannot end before the deadline 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 the defect of the Goods. If the Customer requested the replacement of the Goods with a defect-free one or the removal of the defect, the deadline for withdrawing from the Sales Agreement or submitting a declaration of price reduction begins with the ineffective expiry of the deadline for replacing the Goods or removing the defect.
5. In the case of a Customer who is an Entrepreneur, the Seller is liable under the warranty within 1 year from the date of Delivery.
6. The Customer who is an Entrepreneur loses his warranty rights if he did not examine the Goods at the time and in the manner usual for Goods of this type and did not immediately notify the Seller of the noticed defect.
7. Any complaints related to the Goods or the implementation of the Sales Agreement may be sent by the Customer in writing to the Seller's address.
8. The Seller, within 14 days from the date of the request containing the complaint, will respond to the complaint about the Goods or the complaint related to the implementation of the Sales Agreement submitted by the Customer.
9. 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 electronically and sent to the following address: sklep@kolorowekable.pl. In the complaint, the Customer should include a description of the problem. The Seller shall immediately, but no later than within 14 days, consider the complaint and provide the Customer with a response.
10. The Seller does not use out-of-court resolution of disputes 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 who has concluded a Sales Agreement may withdraw from it without giving a reason within 14 days.
2. The period for withdrawing from the Sales Agreement begins from the moment the Consumer takes possession of the Goods.
The Consumer 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 Seller's address or via e-mail to the Seller's address. The declaration can be submitted on a form, the template of which has been posted by the Seller on the Store's Website at: Withdrawal Form. To meet the deadline, it is enough to send the declaration before its expiry.
3. In the event of withdrawal from the Sales Agreement, it is considered null and void.
4. If the Consumer submitted a declaration of withdrawal from the Sales Agreement before the Seller accepted his offer, the offer ceases to be binding.
5. The Seller is obliged to immediately, no later than within 14 days from the date of receipt of the Consumer's declaration of withdrawal from the Sales Agreement, return all payments made by him, including the cost of Delivery of the Goods to the Consumer. The Seller may withhold the refund of payments received from the Consumer until he receives the Goods back or until the Customer provides proof of returning the Goods, depending on which event occurs first.
6. If the Consumer exercising the right of withdrawal has chosen 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 reimburse the Consumer for additional costs incurred by him.
7. The Consumer is obliged to return the Goods to the Seller immediately, but no 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.
8. In the event of withdrawal, the Customer who is a Consumer bears only the direct costs of returning the Goods.
9. If, due to its nature, the Goods cannot be returned by regular mail, the Seller informs the Consumer about the costs of returning the item on the Store's Website.
10. The Consumer is liable for any reduction in the value of the Goods resulting from using them in a manner that goes beyond what is necessary to establish the nature, characteristics and functioning of the Goods.
11. The Seller refunds the payment using the same payment method used by the Consumer, unless the Consumer has expressly agreed to a different method of return, which does not involve any costs for him.
12. The right to withdraw from the Sales Agreement does not apply to the Customer who is a Consumer in relation to contracts in which the Goods are non-prefabricated items, manufactured according to the Consumer's specifications or serving to meet his individual needs.
§ 9 Free services
1. The Seller provides free services to Customers electronically:
a) Contact form;
b) Newsletter;
c) Maintaining the Customer Account;
d) Posting opinions;
e) Chat.
2. Services indicated in §9 section 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 the selected services mentioned, about which he will inform Customers in a manner appropriate to amending 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 involves ceasing to send inquiries to the Seller.
6. The Newsletter service can be used by any Customer who enters his or her e-mail address using the registration form provided by the Seller on the Store's Website. After sending the completed registration form, the Customer immediately receives confirmation from the Seller by e-mail to the e-mail address provided in the registration form. At this moment, an agreement for the electronic provision of the Newsletter service is concluded.
During Registration, the Customer may additionally select the appropriate box in the registration form to subscribe to the Newsletter service.
7. The Newsletter service consists in sending by the Seller, to the e-mail address, a message in electronic form 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 contains, in particular: information about the sender, a completed "subject" field specifying the content of the shipment and information about the possibility and method of unsubscribing from the free Newsletter service.
9. The Customer may unsubscribe from the Newsletter at any time by unsubscribing via the link included in each e-mail sent as part of the Newsletter service or by activating the appropriate field in the Customer Account.
10. The Customer Account Management service is available after Registration in accordance with 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 provided during Registration, as well as tracking the status of orders and the history of orders already completed.< /p>
11. The Customer who has completed the Registration may submit a request to delete the Seller's Customer Account, and in the event of a request to delete the Customer Account by the Seller, it may be deleted up to 14 days from the request.
12. The Opinion Posting service consists in enabling the Seller to enable Customers with a Customer Account to publish on the Store's Website the Customer's individual and subjective statements regarding, in particular, the Goods.
13. Resignation from the service Posting opinions is possible at any time and involves the Customer ceasing to post content on the Store's Website.
14. The free Chat service, available on the Store's Website, allows you to talk to a consultant, as well as leave your e-mail address for contact.
15. Resignation from the free Chat service is possible at any time and involves not using the messenger available on the Website.
16. The Seller is entitled to block access to the Customer Account and free services in the event that the Customer acts to the detriment of the Seller or other Customers, the Customer violates the law or the provisions of the Regulations, and also when blocking access to the Customer Account and free services is justified for security reasons. - in particular: the Customer breaking the security of the Store's Website 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 notifies the Customer about blocking access to the Customer Account and free services electronically to the address provided by the Customer in the registration form.
§ 10 Customer's liability regarding the content he/she posts
1. By posting content and making it available, the Customer voluntarily distributes the content. The posted content does not express the views of the Seller and should not be identified with its activities. The Seller is not a content provider, but only an entity that provides appropriate IT resources for this purpose.
2. The customer declares that:
a) is entitled to use copyrights, industrial property rights and/or related rights to, respectively, works, objects of industrial property rights (e.g. trademarks) and/or objects of related rights that constitute the content ;
b) personal data, image and information regarding third parties were placed and made available as part of the services referred to in §9 of the Regulations in a legal, voluntary manner and with the consent of the persons concerned;
c) consents to viewing the published content by other Customers and the Seller, and authorizes the Seller to use it free of charge in accordance with the provisions of these Regulations;
d) consents to compilations of works within the meaning of the Act on Copyright and Related Rights.
3. The customer is not entitled to:
a) posting, as part of the use of the services referred to in §9 of the Regulations, personal data of third parties and disseminating the image of third parties without the legally required permission or consent of the third party;
b) posting advertising and/or promotional content as part of the use of the services referred to in §9 of the Regulations.
4. The Seller is responsible for the content posted by Customers, provided that he receives notification in accordance with §11 of the Regulations.
5. Customers are prohibited from posting, as part of the use of the services referred to in §9 of the Regulations, content that could, in particular:
a) be posted in bad faith, e.g. with the intention of violating the personal rights of third parties;
b) violate any rights of third parties, including rights related to the protection of copyright and related rights, protection of industrial property rights, business secrets or those related to confidentiality obligations;
c) be offensive or constitute a threat to other people, contain vocabulary that violates good manners (e.g. through the use of profanity or terms generally considered offensive);
d) be contrary to the interests of the Seller;
e) otherwise violate the provisions of the Regulations, good practices, provisions of applicable law, social or moral norms.
6. In the event of receiving a notification in accordance with §11 of the Regulations, the Seller reserves the right to modify or delete the content posted by Customers as part of their use of the services referred to in §9 of the Regulations, in particular in relation to the content which, based on based on reports of third parties or relevant authorities, it was found that they may constitute a violation of these Regulations or applicable law. The Seller does not constantly monitor the posted content.
7. The Customer consents to the Seller's free use of the content posted by him as part of the Store's Website.
§ 11 Reporting threats or violations of rights
1. In the event that the Customer or another person or entity considers that the content published on the Store's Website violates their rights, personal rights, good customs, feelings, morals, beliefs, principles of fair competition, know-how, secrets protected by law or on the basis of an obligation , may notify the Seller of a potential infringement.
2. The Seller, notified of a potential violation, takes immediate action to remove the content causing the violation from the Store's Website.
§ 12 Personal data protection
1. The administrator of Customers' personal data provided to the Seller voluntarily as part of Registration, placing a single order and as part of the provision of electronic services by the Seller or under other circumstances specified in the Regulations, is the Seller.
2. The Seller processes Customers' personal data for the purpose of fulfilling orders, providing electronic services by the Seller and other purposes specified in the Regulations. The data is processed solely on the basis of legal provisions or the consent expressed by the Customer in accordance with applicable legal provisions.
3. The set of personal data provided to the Seller is reported by the Seller to the Inspector General for Personal Data Protection.
4. The Customer provides his/her personal data to the Seller voluntarily, provided, however, that failure to provide specific data in the Registration process prevents Registration and creation of a Customer Account and prevents the submission and execution of the Customer's order in the event of placing an order without Registering a Customer Account.
5. Anyone who provides their personal data to the Seller has the right to access their content and correct it or request its deletion, and in cases provided for by law, request the cessation of the processing of their personal data.
6. The Seller ensures the possibility of deleting personal data from the database, especially in the event of deleting the Customer Account. The Seller may refuse to delete personal data if the Customer has not settled all amounts due to the Seller or has violated applicable law, and the retention of personal data is necessary to clarify these circumstances and determine the Customer's liability.
7. The Seller protects the personal data provided to him and makes every effort to protect them against unauthorized access or use by unauthorized persons.
8. The Seller provides the Customer's personal data to the Supplier to the extent necessary to complete the Delivery.
9. If the Customer chooses to pay via the Przelewy24 system, his or her personal data is transferred to the extent necessary to process the payment to PayPro S.A. with its registered office in Poznań (60-198), Poland, ul. Pastelowa 8, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court Poznań Nowe Miasto and Wilda, 8th Commercial Division of the National Court Register under KRS number 0000347935, NIP number 7792369887.
§ 13 Termination of the contract (does not apply to Sales Agreements)
1. Both the Customer and the Seller may terminate the contract for the provision of electronic services at any time and without giving reasons, provided that the rights acquired by the other party before the above-mentioned termination are preserved. agreement and provisions below.
2. The Customer who has registered terminates the contract for the provision of services electronically by sending an appropriate declaration of will to the Seller, using any means of distance communication enabling the Seller to become familiar with the Customer's declaration of will.
3. The Seller terminates the contract for the provision of electronic services by sending the Customer an appropriate declaration of will to the e-mail address provided by the Customer during Registration.
§ 14 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 intentional damage and within the limits of actual losses suffered by the Customer who is an Entrepreneur.
2. The content of these Regulations may be recorded by printing, saving on a medium or downloading at any time from the Store's Website.
3. If a dispute arises under the concluded Sales Agreement, the parties will strive to resolve the matter amicably. The law applicable to resolving any disputes arising under these Regulations is Polish law.
4. The Seller informs the Customer who is a Consumer about the possibility of using extrajudicial methods of dealing with complaints and pursuing claims. The rules for access to these procedures are available at the offices or on the websites of entities authorized to resolve disputes out of court. These 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. a>.
The Seller informs that at http://ec.europa.eu/consumers/odr/ available is a platform for an online dispute resolution system between consumers and entrepreneurs at the EU level (ODR platform).
5. The Seller reserves the right to change these Regulations. All orders accepted by the Seller for execution before the date of entry into force of the new Regulations are carried out on the basis of the Regulations that were in force on the day the order was placed by the Customer. The change to the Regulations comes into force within 7 days from the date of publication on the Store's Website. The Seller will inform the Customer 7 days before the entry into force of the new Regulations about the amendment to the Regulations by means of a message sent electronically 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 of this fact, which results in termination of the contract in accordance with the provisions of §13 of the Regulations.
6. Agreements with the Seller are concluded in Polish.
7. The Regulations enter into force on May 13, 2020