Website Regulations

www.ivojankowiak.com

 

§ 1

Preliminary Provisions

 

The website available at www.ivojankowiak.com is run by the Firma dla Everyone Foundation
with its registered office in Warsaw (00-660 Warszawa) at ul. Lwowska 5/15, entered into the Register of the District Court for the capital city of Warsaw in Warsaw, 12th Commercial Division of the National Court Register under KRS number 0000569410, NIP: 5252625624, REGON: 362170026 and by an organized part of the enterprise operating under the name " …….” represented by Iwo Jankowiak, hereinafter jointly referred to as the "Seller".

 

 

§ 2

Definitions

 

Seller - the entity specified in § 1 point 1 above.
Entrepreneur - a natural person, a legal person and an organizational unit that is not a legal person, to which a separate act grants legal capacity, conducting business activity on its own behalf, which purchases services on the Website.
Consumer - a natural person concluding a contract with the Seller on the Website,
the subject of which is not directly related to its business activity or

professional.

Entrepreneur with consumer rights - a natural person concluding a contract directly related to his business activity, when the content of this contract shows that it is not of a professional nature for him, resulting in particular from
from the subject of its business activity, made available on the basis of the provisions on the Central Register and Information on Economic Activity
Shop - a website operating at www.ivojankowiak.com
Distance contract - a contract concluded with the Customer as part of an organized system for concluding distance contracts (as part of the Store), without the simultaneous physical presence of the parties, with the sole use of one or more means of distance communication up to and including the moment of conclusion of the contract.
User - a person using the Website.
Goods – goods sold via the Website.
Sales Agreement - a contract for the sale of services concluded or concluded between the Customer and the Seller via the Website.
Regulations - these Regulations of the Website.
Order - the Customer's declaration of will submitted via the Website and aimed directly at concluding a Sales Agreement with the Seller.

§ 3

contact

 

Seller's phone: 660311607
Seller's e-mail address: ivojankowiak@gmail.com
Seller's bank account number: 36114010100000452136002742
The Customer may communicate with the Seller using the addresses and telephone numbers provided in this paragraph.
The Customer may communicate with the Seller by phone between 10:00-18:00
 

§ 4

Technical requirements

 

To use the Website, the following are necessary:
terminal device with access to the Internet,
active internet connection,
accepting necessary cookies and Java Scripts,
The seller is not obliged to provide the above devices and/or software. In order to use the Website, the Customer should obtain access to a computer station or end device on his own,
with Internet access.
 

§ 5

General information

 

The Regulations are made available by the Seller free of charge, in a way that allows you to read its content and record it by saving it on an external medium or printing it.
The Seller, to the fullest extent permitted by law, shall not be liable for disruptions, including interruptions in the functioning of the Website, caused by force majeure, unauthorized actions of third parties or incompatibility of the Website with the Customer's technical infrastructure.
It is forbidden for the User to provide unlawful content,
in particular by sending such content via the forms available on the Website.
Using the Website is free of charge, but the purchase of goods takes place after the conclusion of the Sales Agreement.

§ 6

Rules of using the Website

 

It is forbidden to provide and transfer content prohibited by law as part of the Website, to use the Website in a way that interferes with its proper functioning or is burdensome for other Users.
In the event of violation of the Regulations, the Seller has the right to deprive the User of the possibility of further use of the Website or may limit the User's access to part or all of the Website's resources.
Provisions of § 6 sec. 2 will apply in particular in the event that the User has provided incorrect data, misleading or infringing the rights of third parties; otherwise violates the generally applicable provisions of law, these Regulations or the Privacy Policy.
 

§ 7

Conclusion of the contract

 

In order to conclude a Sales Agreement via the Website, you must go to the Website and select the service.
Orders are placed by clicking the "Buy" button or equivalent.
In order to send the Order, it is necessary to provide the necessary personal data.
By placing an order, the Customer accepts the terms of sale, properties and price of the service and undertakes to pay the price.
The conclusion of the Agreement between the Customer and the Seller takes place at the time of placing the order.
The contract is concluded in Polish, with the content in accordance with the Regulations.
 

§ 8

Price and payment methods offered

 

The prices of the Goods are given in Polish zlotys and include tax and all other components.
The Seller may modify the Store's assortment, the Prices of the displayed Goods, carry out and cancel promotional campaigns.
Changes in the amount of the Price related to its modification or the promotional campaign conducted by the Seller do not affect the previously concluded Sales Agreements.
The price does not include delivery and payment costs. These costs are charged to the Customer, unless the Sales Agreement provides otherwise.
The payment by the Customer takes place before the execution of the Order or upon receipt of the ordered Goods.
The customer has the option to pay the price:
For example, using a payment card: Visa, MasterCard, Maestro,
Blik,
BlueMedia instant transfer,
Upon receipt.
7. The customer is obliged to make the payment within 4 calendar days from the date of conclusion of the Sales Agreement - otherwise the order will be canceled.

 8. The payment operator is BlueMedia S.A.

§ 9

Delivery

 

1. Delivery of goods is possible on the territory of the Republic of Poland.

2. The ordered goods are delivered to the Customer in the manner chosen by him from the options available below.

3. If the Customer has chosen the method of delivery by shipment, the goods will be sent by the Seller within the time limit indicated in its description in the manner chosen by the Customer when placing the Order.

4. In the case of ordering goods with different delivery dates, the Customer has the option of requesting delivery of individual goods in parts or delivery of all goods after completing the entire Order.

5. In the case of ordering goods with different delivery dates and choosing delivery after completing the entire Order, the delivery date is the longest of the individual delivery dates.

6. The beginning of the period of delivery of the goods to the Customer is counted from the date of crediting the Seller's bank account.

7. The Seller offers the following forms of delivery:

a) polish postal service

§ 10

Right of withdrawal

 

The consumer may withdraw from the Sales Agreement without giving any reason within 14 days from the date of conclusion of the agreement.
The consumer may withdraw from the Agreement by submitting a statement of withdrawal from the Agreement to the Seller. To meet the deadline for withdrawing from the Agreement, it is enough for the Consumer to send a statement before the expiry of this period.
The statement may be sent by traditional mail by sending the statement to the Seller's address or via e-mail - the Seller's contact details are specified in § 3.
Consequences of withdrawing from the Agreement:
In the event of withdrawal from the Agreement concluded remotely, the Agreement is considered not concluded.
In the event of withdrawal from the Agreement, the Seller returns to the Consumer immediately, not later than within 14 days from the date of receipt of the Consumer's statement on withdrawal from the Agreement, all payments made by him, including the costs of delivering the item, with the exception of additional costs resulting from the method of delivery chosen by the Consumer. other than the cheapest standard delivery method offered by the Seller.
The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to a different solution that will not involve any costs for him.

10. The right to withdraw from a distance contract is not entitled to the Consumer in relation to the Contract:

in which the subject of the service is a non-prefabricated item, manufactured according to the Consumer's specifications or serving to satisfy his individual needs,
in which the subject of the service is an item delivered in a sealed package, which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery,
in which the subject of the service is an item that deteriorates quickly or has a short shelf life,
for the provision of services, if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of the service that after the performance of the service by the Seller, he will lose the right to withdraw from the Agreement,
in which the price or remuneration depends on fluctuations in the financial market over which the Seller has no control, and which may occur before the deadline to withdraw from the Agreement,
in which the subject of the service are items which, due to their nature, are inseparably connected with other items after delivery,
in which the subject of the service are alcoholic beverages, the price of which was agreed at the conclusion of the sales contract, and the delivery of which may take place only after 30 days and whose value depends on market fluctuations over which the Seller has no control,
in which the subject of the service are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery,
for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement,
for the delivery of digital content that is not recorded on a tangible medium, if the performance of the service began with the express consent of the Consumer before the deadline to withdraw from the contract and after informing him by the Seller about the loss of the right to withdraw from the contract.
These provisions (§ 8) apply to the Entrepreneur with consumer rights.

§ 11

Complaint

1. Warranty claim.

1.1. the basis and scope of the Seller's liability towards the Customer who is a Consumer or an entrepreneur with consumer rights, under the warranty covering physical and legal defects, are specified in the Civil Code of April 23, 1964,

1.2. notifications of defects concerning the Goods and the submission of a relevant request can be made via e-mail to the following address: ivojankowiak@gmail.com

1.3. in the above e-mail message, please provide as much information and circumstances regarding the subject of the complaint as possible, in particular the type and date of the irregularity and contact details. The information provided will greatly facilitate and speed up the consideration of the complaint by the Seller,

1.4. The Seller will respond to the Customer's request immediately, no later than within 14 days from the date of filing the complaint.

1.5. in the case of a complaint from a Customer who is a Consumer or an entrepreneur with consumer rights - failure to consider the complaint within 14 days of its submission is tantamount to its consideration. In connection with a justified complaint of the Customer who is a Consumer or an entrepreneur and on consumer rights, the Seller covers the costs of replacing the Product with a defect-free one.

1.6. the response to the complaint is provided on paper or another durable medium, e.g. an e-mail or text message.

§ 12

Out-of-court methods of dealing with complaints and pursuing claims

 

1. The seller is liable to the buyer if the sold item has a defect that reduces its value or usefulness due to the purpose specified in the contract or resulting from the circumstances or the intended use of the item, if the item does not have the properties of which he assured the buyer, or if the item has been delivered to the buyer incomplete (warranty for physical defects), which is 2 years from the date of delivery of the goods.

2.1 The Seller is obliged to deliver Goods free from physical and legal defects and is liable to the Customer for physical and legal defects of the purchased Goods on the terms set out in the Civil Code.

2.2 If, after the transfer of ownership of the Goods to the Buyer, he finds that the Goods have physical or legal defects, the Buyer may file a complaint against the Seller under the warranty for defects:

2.1 via the Electronic Complaint Form;
2.2 in writing to the address of the Seller's registered office or by e-mail to ivodesignstore@gmail.com.
2.3 The notification should specify the defect which, in the opinion of the Buyer, the goods have, demands towards the Seller and, if possible, document the said defect and provide proof of purchase of the Goods in the Online Store. The seller is obliged to respond to the complaint within 14 days of its receipt. If he did not answer the above time, it is considered that the complaint has been accepted. The response to the complaint is provided by the Seller to the Buyer in writing or on a Durable Medium.
2.4 The steps that the Buyer must take in order to submit a complaint, including the method of delivery of the complained Goods to the Seller, are indicated at individual stages in the Electronic Complaint Form. If the Buyer uses a different method of submitting a complaint than via the Electronic Complaint Form - the Seller will inform the Buyer about the further steps of the complaint procedure in a manner corresponding to the method of submitting the complaint.
2.5 If the Seller recognizes the complaint as justified: the costs of replacement, repair, including the cost of shipping related to the complaint of the Goods shall be borne by the Seller.
2.6 The Seller shall verify whether a complaint filed by a natural person running a sole proprietorship making a purchase of a non-professional nature is non-professional for that person. Verification is carried out by analyzing the PKD codes indicated in the Central Register and Information of Economic Activity.
2.7 If, as a result of a complaint submitted by the Consumer, the dispute has not been resolved, the Seller shall provide the Consumer on paper or another durable medium with a statement about:
2.7.1 the intention to apply for the initiation of proceedings for out-of-court resolution of consumer disputes or consent to participate in such proceedings, or
2.7.2 refusal to participate in the out-of-court settlement of consumer disputes.
   8. The consumer must submit a warranty claim to the seller within one year from the date of noticing the defect, within a time not exceeding its digestion (2 years from the date of delivery) - however, it is best to report it immediately after noticing it. It is worth noting that this does not in any way shorten the seller's liability period, which is 2 years from the date of delivery of the item.

§ 13

Personal data in the Online Store

 

The Seller is the Administrator of Customers' personal data.
Personal data is processed in order to use the service and conclude a contract (submission and execution of Orders), settlement of the contract (accounting), consideration of a complaint if it is submitted by the Customer, clarification of the circumstances of unauthorized use of the service, as well as for archiving purposes pursuant to art. 6 section 1 letter b, c, and f of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 /WE (General Data Protection Regulation) hereinafter referred to as GDPR.
Customers' personal data are also processed for the purpose of direct marketing of the Seller's own products and services pursuant to art. 6 section 1 letter a (to the extent and purposes indicated each time in the consent forms) or f GDPR. The customer has the right to object to the processing of his data for marketing purposes. The Buyer may agree to receive commercial information about the Seller by electronic means.
Personal data will be processed for the period necessary to provide the service, consider the complaint or the period provided for by law. Personal data processed on the basis of consent (Article 6(1)(a) of the GDPR) will be processed at the latest until the consent is withdrawn.
The scope of the Customers' personal data processed is as follows: name, surname, optionally company name, NIP, REGON, address, other contact details, e-mail address, telephone number.
The Seller also processes operational data regarding the IP address of the Customer's device for technical and statistical purposes.

The customer has the right to inspect his personal data and correct them, as well as a justified request to delete them, the right to limit the processing of personal data, transfer personal data, withdraw consent to the processing of personal data - at any time. Withdrawal of consent will not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal. In addition, the customer has the right to lodge a complaint with the supervisory body, i.e. the President of the Office for Data Protection.
Personal data is processed with technical and organizational measures ensuring protection of the processed data in accordance with the requirements set out in the provisions on the protection of personal data.
Personal data may be made available to public authorities and entities performing public tasks or acting on behalf of public authorities, to the extent and for purposes resulting from the provisions of generally applicable law, as well as other entities that process personal data on the basis of relevant contracts signed with the Seller whose Administrator is the Seller.
Providing data is voluntary, but necessary in order to provide the service electronically and perform the sales contract or consider the complaint.
Cookies or other files of a similar nature are used by the Store on the terms described in a separate Privacy Policy document.
In all matters related to the processing of personal data, please contact us via e-mail or traditional mail - contact details indicated in § 3 of the Regulations.

§ 14

Final Provisions

 

1. The Seller reserves the right to amend the Regulations for important reasons, that is: changes in the law, changes in payment and delivery methods - to the extent that these changes affect the implementation of the provisions of these Regulations. The Seller shall inform the Customer of any change at least 7 days in advance.

2. In matters not covered by these Regulations, generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the act on the provision of electronic services; the Act on Consumer Rights, the General Data Protection Regulation (GDPR) and the Personal Data Protection Act.

 

 

 

Attachment:

Sample declaration of withdrawal from the contract.

 

………………………………………

………………………………………

………………………………………

Name of consumer(s)

Consumer(s) address

 

       Name and address of the entrepreneur

 

 

 

 

Statement

on withdrawal from a distance contract

or off-premises

 

 

 

I/We (*)…………………….……………hereby inform/we (*) about my/our(*) withdrawal from the contract of sale of the following items(*) …………………… …………..……

 

Date of conclusion of the contract1/receipt2(*)……………………………………..……………….

 

 

 

……………………………………

Signature of the consumer(s)