Online Store Regulations
www.kattiedanielart.pl
These Regulations define the principles, rights and obligations of persons using the website www.kattiedanielart.pl and the terms of purchasing products and services in the Kattie Art Design® online store. These Regulations also indicate the rights and obligations of the Seller resulting from the provision of services by electronic means, as well as the scope of liability related to the provision of said services. Before using the website www.kattiedanielart.pl, we recommend that you read these Regulations and our Privacy Policy. Active use of the website www.kattiedanielart.pl, after displaying the Terms, which consist of: these Regulations and the Privacy Policy, means that you have read their content and undertake to comply with the principles contained therein. The Seller reserves that some of the Services provided by it may be regulated in dedicated regulations available in the Kattie Art Design® store. The provisions of these Regulations constitute the content of the agreement for the provision of services by electronic means, concluded between the Seller and the User.
§ 1
GENERAL PROVISIONS
1. The www.kattiedanielart.pl store operates on the principles specified in these Regulations.
This document specifies the terms of sale and provision of services of the online store operated at www.kattiedanielart.pl by Kattie Art Design®, Poland, 60-685 Poznań NIP: 5782433045
2. The Regulations specify the terms of concluding and terminating Product Sales Agreements and the complaint procedure, as well as the types and scope of services provided electronically by the online store operated at www.kattiedanielart.pl, the principles of providing these services, the terms of concluding and terminating agreements for the provision of services electronically.
3. Each Customer is obliged to comply with the provisions of these Regulations upon taking action to use the Electronic Services of the www.kattiedanielart.pl Store.
4. In matters not regulated in these Regulations, the provisions of:
the Act on the provision of services by electronic means of 18 July 2002,
the Act on consumer rights of 30 May 2014,
the Act on out-of-court resolution of consumer disputes of 23 September 2016,
the Civil Code of 23 April 1964 and other relevant provisions of Polish law shall apply.
§ 2
DEFINITIONS IN THE REGULATIONS
ORDER FORM – a form available on the website www.kattiedanielart.pl enabling the placement of an Order.
CUSTOMER – a natural person who has full legal capacity, a natural person conducting business activity, a legal person or an organizational unit that is not a legal person, to which special provisions grant legal capacity, concluding a Sales Agreement. The Customer uses the store after familiarizing themselves with and in accordance with the Regulations in order to purchase Goods. Orders in the online store may only be placed by adults.
CONSUMER, SERVICE RECIPIENT – a natural person who performs a legal act with the entrepreneur that is not directly related to their business or professional activity.
ENTREPRENEUR – a natural person, a legal person and an organizational unit that is not a legal person, to which the law grants legal capacity, conducting business or professional activity on their own behalf.
PRODUCT, DIGITAL PRODUCT – a movable item available in the Store that is the subject of the Sales Agreement between the Customer and the Seller.
REGULATIONS - these regulations of the Store.
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;
SERVICE - website at www.kattiedanielart.pl run by the Seller;
SHOP - Online Store of the Service Provider operating at www.kattiedanielart.pl.
SELLER - Kattie Art Design® NIP 5782433045
SALES AGREEMENT - Product Sales Agreement concluded between the Customer and the Seller via the Store.
CONSUMER RIGHTS ACT - Act of 30 May 2014 on consumer rights (consolidated text: Journal of Laws of 2019, item 134, as amended);
ACT ON THE PROVISION OF SERVICES BY ELECTRONIC MEANS - Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204, as amended); (consolidated text: Journal of Laws of 2019, item 123, as amended);
ORDER - a declaration of will by the Customer constituting an offer to conclude a Product Sales Agreement with the Seller.
PRICE - value expressed in monetary units, which the Customer is obliged to pay to the Seller for the Product.
§ 3
INFORMATION ABOUT PRODUCTS AND ORDERING THEM
1. The www.kattiedanielart.pl Store sells Products via the Internet.
Each Product is exclusively an original product of Kattie Daniel Art®.
2. The Products offered in the Store are new, compliant with the agreement and have been legally introduced to the Polish market.
3. The information on the Store's websites does not constitute an offer within the meaning of the law. By placing an Order, the Customer makes an offer to purchase a specific Product on the terms specified in its description.
4. The price of the Product displayed on the Store's website is given in Polish zloty (PLN) and includes all components. The price does not include delivery costs.
5. Orders can be placed via the store's website at www.kattiedanielart.pl - 24 hours a day, all year round.
6. The condition for placing an Order in the Store by the Customer is to read the Regulations and accept their provisions at the time of placing the Order.
§ 4
CONCLUSION OF A SALES AGREEMENT
1. To conclude a Sales Agreement, it is necessary for the Customer to place an Order in advance in a manner provided by the Seller, in accordance with § 3 points 5 and 6 of the Regulations.
2. After placing the Order, the Seller shall immediately confirm its receipt.
3. Confirmation of acceptance of the Order referred to in point 2 of this paragraph binds the Customer with their Order. Confirmation of receipt of the Order is made by sending an e-mail message.
4. Confirmation of receipt of the Order includes:
- confirmation of all essential elements of the Order,
- a withdrawal form,
- these Regulations containing instructions on the right to withdraw from the agreement.
5. Upon receipt by the Customer of the e-mail message referred to in point 4 of this paragraph, a Sales Agreement is concluded between the Customer and the Seller.
Each Sales Agreement will be confirmed by a proof of purchase, which will be attached to the Product.
§ 5
PAYMENT METHODS
1. The Seller provides the following payment methods:
- payment by traditional transfer to the Seller's bank account,
- payment via the BLIK electronic payment system
2. In the case of payment via the electronic payment system, the Customer makes the payment before the Order is processed. The electronic payment system allows for payment by credit card or quick transfer from selected Polish banks.
3. The Customer is obliged to pay the price under the Sales Agreement within 1 business day from the date of its conclusion, unless the Sales Agreement provides otherwise.
4. The Product will be sent only after it has been paid for.
§ 6
COST, TIME AND METHODS OF PRODUCT DELIVERY
1. The costs of delivery of the Product, which are covered by the Customer, are determined during the process of placing the Order.
2. The delivery time of the Product consists of the time of completing the Product and the time of delivery of the Product by the carrier:
the time of completing the Products is 7 business days,
3. Delivery of Products constituting movable items by the carrier takes place within the time declared by him, i.e. 3-4 business days from the moment of sending the parcel (delivery takes place only on business days, excluding Saturdays, Sundays and holidays).
4. Products purchased in the Store are sent only within Poland via the courier company DHL or Poczta Polska.
5. Digital products are sent only by e-mail.
§ 7
PRODUCT COMPLAINTS, RETURNS, WITHDRAWAL FROM THE CONTRACT
1. Complaint regarding the lack of conformity of the Product with the contract.
2. The basis and scope of the Seller's liability towards the Customer who is a Consumer due to the lack of conformity of the Product with the contract are specified in the Consumer Rights Act of 30 May 2014,
3. The basis and scope of the Seller's liability towards the Customer who is an Entrepreneur, under the warranty are specified in the Civil Code Act of 23 April 1964,
4. Notification of the lack of conformity of the Product with the contract and the submission of an appropriate request can be made via e-mail to the following address: kattieartdesign@gmail.com
5. In the above electronic message, as much information and circumstances regarding the subject of the complaint as possible should be provided, in particular the type and date of occurrence of the irregularity and contact details. The information provided will significantly facilitate and speed up the consideration of the complaint by the Seller,
6. In order to assess the irregularities and non-conformity of the Product with the contract, the Consumer is obliged to make the Product available to the Seller, and is obliged to return it at their own expense.
7. Complaints regarding damage to the contents of the package during transport are made on the basis of a damage report written in the presence of the courier delivering the package at the time of its receipt. Each package must be checked in the presence of the courier.
8. The Customer has the possibility to complain about each product purchased in the Store, with the need to maintain the appropriate deadlines and terms of complaint, i.e. if the product sent has defects or the product sent is not in accordance with the contract. The complaint should be submitted in writing, by post to the Seller's address or to the e-mail address: kattieartdesign@gmail.com
9. The Customer is obliged to return the Product to the Seller's address no later than within 3 days of submitting a written declaration of withdrawal from the contract. The returned Product must be in its unaltered condition, unless changes are required to safely return the Product.
§ 8
CUSTOMER INFORMATION ON COMPLAINTS AND RETURN OF DIGITAL PRODUCTS
1. A digital product purchased in the store www.kattiedanielart.pl in the form of a JPEG file is not subject to complaint or return.
2. In accordance with applicable law, especially in the context of the sale of digital products, there are specific rules regarding returns and complaints. In the case of digital products that are delivered immediately after purchase (such as JPEG files), the consumer loses the right to withdraw from the contract at the moment of starting to download or use the product. 3. The use of the product is considered to be the delivery of a digital file to the Customer by e-mail.
§ 9
SELLER'S LIABILITY
1. The Store shall not be liable for any intentional or accidental provision by the Customer of incorrect data in the Order Form, Registration Form, Contact Form or when placing an order by telephone or via e-mail.
§ 10
TYPE AND SCOPE OF ELECTRONIC SERVICES
1. The Service Provider enables the use of the Electronic Service through the Store, which is the conclusion of Product Sales Agreements.
2. The provision of the Electronic Service to Service Recipients in the Store takes place on the terms specified in the Regulations.
3. The Service Provider has the right to post advertising content on the Store's website. This content constitutes an integral part of the Store and the materials presented therein.
4. All rights to the Service and the Online Store, including property copyrights, intellectual property rights to its name, internet domain, the website of the Service and the Online Store or the right to use them, as well as the rights to forms, logos belong to the Seller, and their use may only occur in the manner specified and in accordance with the Regulations, and in other cases with the consent of the Seller.
5. In order to use some Electronic Services or place an Order, it may be required to have: an active e-mail account.
§ 11
CONDITIONS OF PROVIDING AND CONCLUDING AGREEMENTS FOR THE PROVISION OF ELECTRONIC SERVICES
1. The provision of the Electronic Service specified in § 9 item 1 of the Regulations by the Service Provider is free of charge.
2. The agreement for the provision of the Electronic Service consisting in enabling the placement of an Order in the Store is concluded for a fixed period and is terminated upon the placement of an Order or the cessation of its placement by the Service Recipient.
3. Technical requirements necessary for cooperation with the IT system used by the Service Provider:
- computer (or mobile device) with Internet access,
- access to e-mail,
- Internet browser,
- enabling Cookies and Javascript in the Internet browser.
4. The Service Recipient is obliged to use the Store in a manner consistent with the law and good customs, taking into account the respect for personal rights and intellectual property rights of third parties.
5. The Service Recipient is obliged to enter data consistent with the actual state of affairs.
6. The Service Recipient is prohibited from providing content of an illegal nature.
7. In the event of a breach of the Regulations, termination of cooperation or providing incorrect/false data in the registration form, in particular data that may violate the rights of third parties, including other Customers of the Online Store, or other behaviors that are contrary to the law and generally accepted principles of using the Internet, the Customer's account may be closed/blocked by the Seller.
8. The Seller reserves the right to short interruptions in access and temporary deactivation of access to the Service or Online Store, in the event of a failure and its repair, expansion of the Service or Online Store and changes or updates to the software. An interruption may also occur for reasons beyond the Seller's control. The Seller will inform about all interruptions in the functioning of the Service or Online Store on the main page of the Service or Online Store.
§ 12
FINAL PROVISIONS
1. Agreements concluded through the Store are concluded in accordance with Polish law.
2. In the event of any inconsistency of any part of the Regulations with applicable law, the relevant provisions of Polish law shall apply instead of the disputed provision of the Regulations.
3. All disputes arising from Sales Agreements between the Store and Consumers shall be resolved first through negotiations, with the intention of amicably resolving the dispute, taking into account the Act on out-of-court resolution of consumer disputes. However, if this is not possible or is unsatisfactory for either party, the disputes shall be resolved by a competent common court, in accordance with point 4 of this paragraph.
4. Any disputes arising between the Service Provider and the Service Recipient (Client) who is also a Consumer shall be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure of 17 November 1964.
5. A Client who is a Consumer also has the right to use out-of-court methods of resolving disputes, in particular by submitting, after the end of the complaint procedure, an application to initiate mediation or an application for consideration of the case by an arbitration court (the application can be downloaded from the website http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts operating at the Voivodship Inspectorates of the Trade Inspection is available on the website: http://www.uokik.gov.pl/wazne_adresy.php#faq596. The consumer may also use the free assistance of the district (municipal) consumer advocate or a social organization whose statutory tasks include consumer protection. Extrajudicial redress after the end of the complaint procedure is free of charge.
6. In order to amicably resolve the dispute, the consumer may, in particular, file a complaint via the ODR (Online Dispute Resolution) internet platform, available at: http://ec.europa.eu/consumers/odr/.
GDPR Privacy Policy at Kattie Art Design®
CUSTOMER INFORMATION Kattie Art Design®
1. The administrator of personal data is Kattie Art Design® .
2. Kattie Art Design®, while fulfilling your orders (performing the purchase and sale agreement):
a) does not share your data with other entities or international organizations
b) Your data will not be transferred to third countries (outside the European Union)
3. Purposes of processing:
a) fulfillment of the purchase and sale agreement - the fulfillment is performed based on the data provided to us voluntarily by you and on the basis of the Act on PIT, VAT (Journal of Laws of 2017, item 1221 - consolidated text) and CIT (Journal of Laws of 2017, item 2343 - consolidated text)
b) profiling - Kattie Art Design® does not conduct any work on automated profiling
c) purpose of data processing - in accordance with the Tax Act - as above
4. During the entire period of data processing, you have access to your personal data, which you can change and modify.
5. You have the right to "be forgotten", however, in connection with the provisions given above - personal data placed on named receipts or bills of lading, invoices are stored for the periods provided for by law.
What does "be forgotten" mean? The person whose data is being processed has the right to demand that their data be immediately deleted, including when they are no longer needed for the purposes for which they were processed. This also applies to the situation of withdrawal of consent, e.g. for the purpose of receiving marketing offers, as well as when the data is processed without a legal basis, e.g. in the event of resignation from using the service, the regulations of which previously constituted such a basis.
6. At the same time, we inform you that under the accounting services agreements, your data: company name, tax identification number, and address, are processed on behalf of the Administrator by Kattie Art Design®.
7. Any complaints regarding the processing of personal data may be directed to the State Office for Personal Data Protection (after May 25 this year) or complaints or grievances in this matter may be sent to the following e-mail address: kattieartdesign@gmail.com.
Contact
Strona www stworzona w kreatorze WebWave.