Terms and conditions online shop

§ 1

Preliminary provisions

  1. Sylwia Biegaj online shop, available at www.sylwiabiegaj.pl, is run by Sylwia Biegaj (Tarnobrzeska 3A/11, 04-207 Warsaw, NIP 952-19-77-587)
  2. The following terms and conditions, hereinafter referred to as “the Terms and Conditions”, defines the rules of operation of the online shop under the name of sylwiabiegaj.pl at www.sylwiabiegaj.pl, hereinafter referred to as the “Shop”, and the terms of concluding and executing sale agreements with buyers through the Shop.

§ 2

Definitions

  1. Seller:

Sylwia Biegaj,

Tarnobrzeska 3A/11,

04-207 Warsaw

NIP: 952-19-77-587, REGON:146692022,

registered in CEIDG

BANK ACCOUNT: 49 1140 2004 0000 3602 4988 3797

e-mail: info@sylwiabiegaj.pl

  1. Customer– any legal age person who purchases through a Shop in relation to his or her business or profession.
  2. Consumer – any legal age person who purchases through a Shop not in relation to his or her business or profession.
  3. Buyer – both Consumer and Customer
  4. Shop – Website maintained by the Seller at www.sylwiabiegaj.pl via which the Buyer can place an order.
  5. Agreement – contract concluded away from business premises or at a distance according the Consumer Rights Act of 30 May 2014 in the case of Consumers and sale agreement according to the article 535 of the Civil Code of 23 April 1964 in the case of Buyers.
  6. Terms and conditions – the following terms and conditions of the shop.
  7. Order – statement of the will of the Customer submitted through the Order Form leading directly to the conclusion of the Sale Contract.
  8. Account – The customer’s account in the Store containing the data provided by the Customer and information about the orders placed in the Store.
  9. Registration form– a form available in the Store to create an Account.
  10. Registration form – interactive form available on the website enabling the Customer to place an Order, by adding Products to the Basket, and defining the terms of the Sale Contract, including delivery and payment.
  11. Cart – The element of the Store software, which shows the products selected by the Customer for purchase, and enables modifying and placing the Order.
  12. Product – movable thing / service available in Store which is the subject of the Sale Contract between the Customer and Seller.
  13. Sale Contract – an contract of sale of the Product concluded between the Customer and the Seller via the Internet Store.

§ 3

General terms and conditions

  1. The contract is concluded in Polish, in accordance with Polish law and these terms and conditions.
  2. The quantity and the type of the Products offered in the Shop vary and are constantly updated.
  3. Prices of the Products in the Shop are expressed in Polish zloty. However, prices do not include shipping costs, which will be calculated and reported to the Buyer by the final approval of the order. The price displayed for a given product is binding on the Buyer at the time of placing the order.
  4. Place of issue of the product must be located in the territory of the Republic of Poland.
  5. Contact: Sylwia Biegaj, ul. Tarnobrzeska 3A/11, 04-207 Waraw, info@sylwiabiegaj.pl
  6. The Seller shall not charge any fees for communication with him by means of distance communication, and the Buyer shall bear the costs of the contract which he has entered into with a third party providing remote communication services.

§ 4

Technical requirements

In order to use the Shop, which includes viewing the Shop’s assortment and ordering Products, you will need:

  1. device with internet access and an internet browser updated to the most recent version,
  2. active e-mail account (e-mail),
  3. enabled cookies.

§ 5

General Information

  1. The Seller in the fullest extent permitted by the law shall not be liable for any interruption in the operation of the Shop due to force majeure, unauthorized acts of third parties or incompatibility of the Shop with technical infrastructure of the Buyer.
  2. Viewing the Shop’s assortment does not require an Account. Placement of orders by the Customer for Products in the Shop is possible either after creating an Account in accordance with the provisions of § 6 of the Terms and conditions or by providing the necessary personal and address data that enable processing the Order without having an Account.

§ 6

Creating an Account

  1. In order to create an Account in the Shop, you must complete the Registration Form. It is essential to provide the following information: name, address, email address, telephone number.
  2. Creating an account in the Shop is free of charge.
  3. Logging in to the Account is done by entering the login and password provided in the Registration Form.
  4. The Customer has the ability to remove the Account at any time, without giving any reason and free of charge, by sending an appropriate request to the Seller by e-mail or in writing to the addresses specified in § 3.

§ 7

Submitting orders

  1. To place an order Buyer must:
    1. log in to an account (optional);
    2. select the Product that is the subject of the Order and then click the “Add to Cart” button;
    3. when choosing to submit an Order without registration, fill in the Order Form by entering the personal data necessary to process the Order.
    4. confirm the Order by clicking the “order and pay” button.
    5. pay for the Order within the specified time, subject to § 8 point 3.

§ 8

Available delivery and payment methods

  1. Buyer may use the following methods of delivery or collecting the ordered Product:
    • Courier delivery,
    • Personal collection available at: Tarnobrzeska 3A / 11.04-207 Warsaw.
  2. The delivery of the Product is available exclusively in Poland.
  3. Product delivery is chargeable to the Buyer. The delivery costs are determined at the time of placing the Order.
  4. Personal collection of the Product by the Buyer is free of charge.
  5. The following payment methods may be used by the customer:
    • Payment upon receipt (for personal collection)
    • Payment by bank transfer to Seller’s account.
  6. The Seller has the right to charge the Buyer for additional costs for returning and re-sending the parcel as a result of the unsuccessful delivery by the courier service due to inability to collect the package by the Buyer.

§ 9

Execution of the Sale Contract 

  1. The Sale Contract between the Buyer and the Seller is concluded by placing the Order by the Buyer using the Order Form in the Internet Shop in accordance with § 7 of the Terms and Conditions.
  2. After placement of the Order, the Seller confirms this Order by sending the appropriate e-mail to the Buyer’s e-mail address specified in the Order, which confirms the conclusion of the Sale Contract.
  3. If the Buyer has chosen:
    • Payment by bank transfer, the Buyer is obliged to make payment within 3 calendar days from the date of concluding the Contract – otherwise the Order will be canceled.
    • cash payment upon collection of the Order, the Buyer is obliged to make a payment within 7 days from the date of receiving information about the readiness of the Order for collection.
  4. If the Buyer has chosen a delivery method other than personal collection, the Product will be dispatched by the Seller within the deadline indicated in the Product’s description (subject to paragraph 5 of this section), in a way specified when placing the Order.
  5. When ordering products with different delivery times, the delivery date is given the longest term.
  6. The beginning of the period of delivery of the Product to the Buyer shall count from the day of posting the payment on the Seller’s bank account.
  7. The beginning of the product’s ready-to-collect period is as follows:
    • In the case of the payment by bank transfer – from the day of posting the payment on the Seller’s bank account.
    • In the case of the payment in cash with personal collection – from the date of conclusion of the Sale Contract.

§ 10

Right of withdrawal

  1. The Buyer may, within 14 days, withdraw from the Sale Contract without giving any reason.
  2. The period referred to in point 1 of this paragraph begins with the delivery of the Product to the Buyer or a person designated by the Buyer to receive the Product, other than the carrier, or from the time of collecting the Product by the Buyer from the Seller.
  3. The Buyer may withdraw from the Contract by submitting a declaration of withdrawal to the Seller. It is sufficient to send a statement by traditional mail or by electronic mail before the expiration of this period. Seller’s contact details are specified in § 3.
  4. Consequences of withdrawal from the Contract:
    • In the event of withdrawing from the Contract concluded by distance, the Contract shall be null and void.
    • The Buyer should return the Product to the Seller’s address no later than 14 days from the date on which he notified the Seller about the withdrawal from the Contract.
  5. The Buyer shall send back the items that were the subject of the Contract from which he withdrew at his own expense and risk.
  6. The Buyer is responsible for reducing the value of the Product being the subject of the Contract resulting from the use of it in a manner beyond what is necessary to establish the nature, characteristics and functioning of the Product.
  7. after return of the Product, the Seller shall return to the Buyer all payments made by him, no later than within 14 days from receiving the Product, including the cost of delivery, except for the additional costs resulting from the Buyer’s choice of delivery other than the cheapest ordinary delivery method offered by Seller.
  8. The Seller will return the payment using the same methods of payment as the Buyer used in the original transaction, unless the Buyer expressly agrees to another payment method  that will not involve him with any costs.
  9. The right to withdraw from a distance Contract is not available to the Buyer with Contract:
    • in which the Product is non-prefabricated, manufactured according to the specifications of the Buyer to meet his individual needs,
    • for the provision of services, if the Seller has performed the full service with the expressed consent of the Buyer, who, after fulfillment of the Seller’s service, loses the right to withdraw from the Contract.

§ 11

Complaints and Warranties

  1. New and used Products can be subjects of the Sale Contract. The status of each used Product is described in detail in the Shop product pages.
  2. In the event of a defect in the Product that was not included in the Product description, the Buyer is entitled to a complaint based on the provisions of the Civil Code.
  3. If the Product sold has a defect that was not listed in the product desription, the Buyer may:
    • demand a price reduction;
    • make a declaration of withdrawal from the Contract;
    • demand replacement of the Product with one that is free of defects.
  4. The Seller is obliged to accept the Product with defect from the Buyer in the event of replacing it with item free of defects or in the event of withdrawal from the Contract.
  5. Within 14 days, the Seller will respond to:
    • claims for price reduction;
    • declaration of withdrawal;
    • demand to exchange the item with item that is free from defects.

§ 12

Out-of-court handling of complaints and claims

  1. Detailed information on the possibility of using of extrajudicial means of complaint handling and redress and access to these procedures is available at the offices and on the websites of county (municipal) consumer ombudsmen, social organizations, whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php; http://www.uokik.gov.pl/sprawy_individualne.php and http://www.uokik.gov.pl/wazne_adresy.php.

§ 13

Personal data in the Internet Shop

  1. The Seller’s personal information collected through the Online Shop is the sole responsibility of the Seller.
  2. Personal data collected by the administrator via the Internet Shop are collected for the purpose of fulfilling the Sale Contract, and if the Buyer agrees to this – also for marketing purposes.
  3. The Administrator makes the collected personal data of the Customer available to the selected carrier or the intermediary performing the shipment of the Order if the option of shipping the product is selected.
  4. The customers has the right to access and correct their data.
  5. The disclosure of personal data is voluntary, although failure to disclose the personal data listed in the Terms and Conditions, which are necessary for the fulfilling the Contract results in the inability to conclude the Contract.

§ 14

Final Provisions

  1. Contracts concluded through the Internet Shop are concluded in Polish.
  2. The Seller reserves the right to make changes to the Terms and Conditions for important reasons: changes in the law, changes in payment methods and deliveries – to the extent that these changes affect the implementation of the provisions of these Terms and Conditions. At any change, the Seller will inform the Buyer at least 7 days in advance.
  3. In matters not regulated in these Terms and Conditions, the Polish law applies, in particular: the Civil Code; Act on provision of services by electronic means; Consumer Rights Act, Data Protection Act.
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