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REGULATIONS OF AN ONLINE STORE

GENERAL PROVISIONS

  1. The Regulations specify conditions on which the Buyers may use the Store managed by the Seller.

  2. The Regulations are continuously made available to the Buyers on the Store’s website in a way that allows the acquisition, recreation and recording of the content of the Regulations.

DEFINITIONS

For the purposes of these Regulations, the following capitalised words and expressions, used in this document, have the following meaning:

  1. Seller – “DIZAJN Krzysztofa Staniszewska” with principal office at 8 Norwida Str., 83 – 110 Tczew, Poland, having tax identification number (NIP): 5932479624, and REGON number: 221929271.

  2. Store – set of web pages and IT tools (website) administered by the Seller and allowing the Buyers to conclude Sale Agreements and Service Provision Agreements, available at the domain: www.theod.pl.

  3. Buyer – registered Buyer who concluded Sale Agreement ar Service Provision Agreement through the Store.

  4. Sale Agreement – agreement concluded between the Buyer and the Seller through the Store on conditions specified in the Regulations, subject of which is a sale to the Buyer.

  5. Service Provision Agreement – agreement concluded between the Buyer and the Seller through the Store on conditions specified in the Regulations, subject of which is provision of service or services by the Seller to the Buyer.

  6. Agreement – includes Sale Agreement and Service Provision Agreement.

  7. Regulations – these regulations.

  8. Materials – any information contained on the Store’s web pages, including but not limited to: names, descriptions, photos, graphic illustrations of the merchandise, identifications of producers.

  9. User – person using services offered by the Store, i.e. acquiring or intending to acquire merchandise or services presented through the Store by the Seller.

GENERAL CONDITIONS OF USING THE STORE

  1. If the Buyer is a natural person he/she can use services offered by the Store under condition he/she is has full legal capacity.

  2. The Buyer that is a corporate entity can use services offered by the Store through persons authorised to act in its name with additional observance of the provisions contained in section REGISTRATION IN THE STORE in paragraph 3.

  3. The Buyer can use services offered by the Store through a web browser installed on a Internet connected device (computer, smartphone).

  4. The Seller shall not liable for any loss caused by providing false, invalid or incomplete information on the form, mentioned in section REGISTRATION IN THE STORE in paragraphs 1 and 2, nor shall the Seller be liable for inobservance of the conditions stipulated in the Regulations by the Buyer. Information provided by the Buyer cannot violate any regulations of the applicable law, nor can it infringe any personal rights or third party rights.

  5. The Seller is not liable for incorrect use of the Store by the Buyer, especially in case of violation of the conditions stipulated by the Regulations, nor for any consequences of such incorrect use.

  6. The use of the name of the Seller, logo of the Store, Materials, or any components of the Store other than Materials (including but not limited to graphic elements and layout of the Store) is forbidden with the exception when such use is explicitly allowed by the Regulations or when the Seller or other authorised entities (including producers or distributors of the merchandise or services) explicitly consented in writing to such use of the subject of copyrights or industrial property rights as mentioned above.

  7. The User is obliged not to disclose his/her login and password used to log in to the Store to third parties.

REGISTRATION IN THE STORE

  1. The Agreement can be concluded only by Buyers registered in the Store.

  2. Registration in the Store requires:

    • completion of applicable online form provided on the Store’s website,

    • acceptance of the Regulations.

  3. In all cases, when the Buyer is a corporate entity or organisational unit without legal personality, registration in the Store as well as any future actions undertaken by such Buyer in the Store can be performed only by a person properly authorised to act in the name of such entity with regard to registration and execution of any rights and obligations of this entity as a Buyer.

  4. The Seller may demand from the Buyer relevant documents authenticating information provided by him/her, including cases of update of information previously submitted by the Buyer.

  5. In case of any changes in the information concerning the Buyer and provided by him/her during registration, the Buyer shall update such information before his/her next transaction using relevant form provided in the Store.

  6. The Buyer’s account is created in the Store at the moment of registration. All information concerning the Buyer and his actions regarding Agreements concluded through the Store shall be collected on the account. Among others the Buyer shall have access through his account to his/her history of orders.

ORDER PLACEMENT IN THE STORE – CONCLUSION OF AGREEMENT

  1. The Buyer can place orders in the Store 24 hours / 7 days a week / 365 day a year, with reservation of the rest of provisions of the Regulations, especially provisions concerning technical breaks.

  2. Prior to order placement the Buyer places merchandise or service he/she intends to buy in a virtual basket. Virtual basket is a tool enabling the Buyer to aggregate chosen merchandise / services prior to their sale, calculate their price and delivery costs. The Buyer can freely administer the content of his/her virtual basket by adding and/or removing merchandise and services.

  3. Following final selection of merchandise / services the Buyer is directed to the Store’s online order form. Order form can consist of component forms in order to provide:

    • delivery address,

    • form of delivery,

    • method of payment for merchandise/service.

  4. The Buyer specifies delivery address by completing the form mentioned in paragraph 3 above. The ordered merchandise / service shall be delivered to that address according to the provisions of the section DELIVERY.

  5. Order placement constitutes an offer of the Buyer to the Seller with the meaning of the Civil Code. Upon receipt of the order the Seller verifies if it was submitted correctly (according to conditions stipulated in the Regulations). In case the order was submitted incorrectly, the Seller shall inform the Buyer of this fact.

  6. After establishing the order was submitted correctly, the Seller, without undue delay, sends acceptance of the order to the e-mail provided by the Buyer during placing the order or during registration. The Agreement is concluded upon sending acceptance of the order by the Seller to the Buyer.

  7. In case of Service Provision Agreement the Seller shall inform the Buyer of a minimum time period such Agreement is to be concluded for, if it is to concern continuous or periodical services.

PAYMENT

  1. Payments for merchandise or services bought by the Buyer in the Store (price and delivery costs) shall be effected with the use of payment instruments allowed by the Store and according to conditions specified by the Seller.

  2. All prices specified in the Store are gross prices and include Value Added Tax in the amount specified by the applicable law. Delivery costs are listed separately.

  3. The User buys the merchandise or services at the price and with delivery costs applicable at the moment the order was placed. Delivery costs are dependent on the type of delivery chosen by the Buyer.

  4. The Seller reserve a right to modify prices and delivery costs, particularly in case of change of price lists by deliverers. This provision dos not apply to orders which are already under realization.

  5. Settlements of the transactions made by credit card an e-transfer are conducted through Dotpay.pl

DELIVERY

  1. Delivery shall be done to the address specified by the Buyer.

  2. If the Seller cannot realize the order due to unavailability of merchandise or service, he shall inform the Buyer of this fact without undue delay, but not later than thirty days from the date of conclusion of the Agreement, and he shall return to the Buyer the whole amount of money the Buyer paid to the Seller with regard to that order, if any amount was paid.

  3. If the Buyer specified individual features of the ordered merchandise or service and the Seller cannot realize such order due to temporary inability, the Seller can, upon prior consent of the Buyer, realize substitutive subject of the order of the same quality and purpose and for the same price or in other manner agreed upon by the parties.

  4. The Buyer is obliged to check the condition of the merchandise upon its delivery and at the presence of the representative of the deliverer (courier, postman, etc.).

  5. The Seller is not liable for failed delivery due to reasons attributable to the Buyer, e.g. due to providing incorrect delivery address. In such case the Seller shall make available to the Buyer collecting the merchandise from a specified place, e.g. the office of the Seller, or else the parties shall agree upon different manner of handing over the merchandise to the Buyer.

PERSONAL DATA PROTECTION

  1. Personal data of the Buyers who are natural persons shall be processed by the Seller as a personal data administrator for the purpose of correct performance of his services, as well as for the marketing purposes related to functioning of the Seller’s enterprise, including the Store, and to merchandise and services presented in the Store. Processing of the personal data shall take place according to Personal Data Protection Act of 29th August 1997 and Act on Providing Services by Electronic Means of 18 July 2002. Provision of the personal data is voluntary.

  2. Personal data of the Buyers can be disclosed to entities authorised to its gathering according to binding provisions of applicable law, including proper law enforcement entities.

  3. The Seller makes available to the Buyers, whose personal data he processes, execution of rights resulting from Personal Data Protection Act, including the right of access to the Buyer’s own personal data, right to correct data and right of control of processing data according to rules specified in the said act.

  4. In particular, the Buyer is entitled to submit written and justified demand that the Seller ceases processing of his/her personal data due to special circumstances, as well as to submit objection to processing of his/her personal data if the Seller intends to process them for the marketing purposes and to submit objection to passing such data on to data administrator other than the Seller.

  5. The Seller shall use applicable technical and organisational means to protect confidential information concerning the Buyers, including their personal data, against access by unauthorised persons, as well as against other cases of their disclosure, loss and unauthorised modification.

POSTĘPOWANIE REKLAMACYJNE

  1. The Buyer is entitled to submit complaints regarding the Agreement to the Seller.

  2. Complaints shall be submitted in electronic form to the following e-mail: info@theod.pl or in a written form to the Seller’s address:
    DIZAJN Krzysztofa Staniszewska
    ul. Norwida 8, 83-110 Tczew

  3. Correct complaint should include at least the following information:

    • Buyer’s given name, last name, address and e-mail,

    • date of concluding the Agreement,

    • subject of complaint and Buyer’s demand,

    • all circumstances justifying complaint,

    • sales slip or invoice confirming sale.

  4. The Seller may deny to consider the complaint if the information provided by the Buyer are insufficient to do so.

  5. Correctly submitted complaint shall be considered within 14 days from its receipt by the Seller.

  6. The Seller shall inform the Buyer by e-mail or by regular mail about his decision regarding Buyer’s complaint.

ODSTĄPIENIE OD UMOWY I JEJ WYPOWIEDZENIE

  1. According to Act on Protection of Some of Consumers’ Rights and Liability for Damages Caused by Dangerous Product from 2 March 2000, the Buyer who is a consumer is entitled to cancel the Agreement without giving justification within 14 days from the date of delivery of the merchandise, and if the Agreement concerned services – within 14 days from the date of concluding the Service Provision Agreement.

  2. In case of cancellation of the Agreement it is considered as not concluded. The parties shall return everything they provided to each other in an unaltered state, with the exception that such alteration was necessary within ordinary management. Return shall take place without undue delay, not later however than within 14 days. Costs of return of the merchandise to the Seller shall be borne by the Buyer.

  3. In case the Buyer made a prepayment, the Seller shall return the amount of prepaid price together with statutory interests calculated from the date of effecting the prepayment.

  4. Right of cancellation of the Agreement by the Buyer who is a consumer is excluded in the following situations:

    • the Seller started to perform the service, with consent of the Buyer, before the lapse of the 14 days period specified in paragraph 1 above,

    • the Buyer removed original package of the merchandise which included audio and visual recordings as well as recordings saved on IT data carriers,

    • sale of services which price was solely determined by the price movements at the financial market,

    • sale of merchandise or services with features specified by the Buyer in his order or merchandise or services strictly related to the person of the Buyer,

    • sale of merchandise or services which cannot be returned due to their characteristics as well as sale of merchandise that is susceptible to rapid deterioration,

    • delivery of press,

    • sale of services regarding games of chance,

    • if the merchandise was being used, copied or damaged,

    • if the merchandise was not returned in an original, undamaged package, provided it was shipped in such package,

    • if a sales slip or invoice was not included to the returned merchandise.

  5. If the Service Provision Agreement was concluded for an unspecified period of time each party may terminate it without justification with a one month notice period, provided that the parties did not agree to a shorter notice period.

  6. The Seller reserves a right to refuse to realize further orders from the Buyer who cancelled Agreement without giving justified reasons.

  7. In case of cancellation of an Agreement, the Buyer shall receive the price he/she paid for the merchandise or services, after deduction of transfer costs.

  8. In case the Buyer returns merchandise which does not conform with the above mentioned conditions, the Seller is entitled to send it back at Buyer’s cost.

TECHNICAL BREAKS

  1. The Seller is not liable for lack of access to the Store caused by reasons independent from the Seller, nor is he liable for any consequences of such lack of access.

  2. The Seller reserves a right to stop access to the Store due to technical service, maintenance or works improving its functionality. The Seller shall take all reasonable endeavors to make such breaks in night hours and as short as possible.

FINAL PROVISIONS

  1. The Seller reserves a right to change provisions of the Regulations. Such change comes into force upon announcement of the amended Regulations on the Store’s website. Such changes do not affect Agreements that had been concluded before amended Regulation entered into force.

  2. In case new Agreement is to be concluded after amended Regulations had entered into force, the Buyer shall be asked to accept amended Regulations.

  3. In all cases not regulated by this Regulations relevant provisions of the law of the Republic of Poland shall apply, in particular relevant provisions of the Civil Code, Personal Data Protection Act, Act on Providing Services by Electronic Means and Act on Protection of Some of Consumers’ Rights and Liability for Damages Caused by Dangerous Product.

  4. Any disputes that may arise between the parties shall be settled by the proper common court.

  5. This Regulations comes into force with 01 March 2014