Terms and Conditions of the Online Store

§ 1

Preliminary provisions

     

      1. The online store dariaulewandowska.com is run by Daria U Lewandowska, registered in the Central Register and Information on Business Activity (CEIDG) maintained by the minister responsible for the economy, Tax Identification Number (NIP) 8981851522, REGON 020209351
      2. This Regulation is addressed to both Consumers and Entrepreneurs using the Store and defines the rules for using the online store as well as the principles and procedure for concluding Distance Sales Agreements with the Customer via the Store.

    § 2
    Definitions

       

        1. Consumer – a physical person who enters into an agreement with the Seller through the Store, the subject of which is not directly related to their business or professional activity.
        2. Sprzedawca – osoba fizyczna prowadząca działalność gospodarczą pod firmą Daria U Lewandowska, wpisaną do Centralnej Ewidencji i Informacji o Działalności Gospodarczej (CEIDG) prowadzonej przez ministra właściwego ds. gospodarki, NIP 8981851522, REGON 020209351.
        3. Customer – any entity making purchases through the Store.
        4. Entrepreneur – a physical person, legal person, and an organizational unit that is not a legal person, to whom a separate law grants legal capacity, carrying out business activity in its own name, which uses the Store.
        5. Store – an online store operated by the Seller at the internet address dariaulewandowska.com.
        6. Distance contract – a contract concluded with the Customer within an organized system of concluding distance contracts (within the Store), without the simultaneous physical presence of the parties, using exclusively one or more means of distance communication until the conclusion of the contract inclusive.
        7. Regulations – these regulations of the Store.
        8. Order – the Customer’s declaration of intent submitted using the Order Form and aimed directly at concluding a Sales Agreement for a Product or Products with the Seller.
        9. Account – the customer’s account in the Store, where the data provided by the Customer and information about Orders placed by him/her in the Store are collected.
        10. Registration form – a form available in the Store, allowing the creation of an Account.
        11. Order form – an interactive form available in the Store enabling the placement of an Order, in particular by adding Products to the Cart and specifying the terms of the Sales Agreement, including the delivery and payment method.
        12. Cart – an element of the Store’s software in which the Products selected for purchase by the Customer are visible, and there is also the possibility to determine and modify the Order data, in particular the quantity of products.
        13. Product – a movable item/service available in the Store, which is the subject of a Sales Agreement between the Customer and the Seller.
        14. Sales Agreement – a product sales agreement concluded or concluded between the Customer and the Seller through the online Store. The Sales Agreement also includes, regarding the features of the Product, a contract for the provision of services and a contract for specific work.

      § 3
      Contact with the Store

         

          1. Seller’s Address: 55/10 Ignacy Daszyński Street, 50-310 Wrocław, Poland
          2. Seller’s Email Address: info@dariaulewandowska.com
          3. Seller’s Phone Number: (+48) 668-464-643
          4. The Client can communicate with the Seller using the addresses and phone numbers provided in this paragraph.

        § 4
        Technical requirements

           

            1. To use the Store, including browsing the Store’s assortment and placing orders for Products, the following are necessary:
              a) an end device with access to the Internet and a web browser,
              b) an active email account (e-mail),
              c) enabled cookie files support.

          § 5
          General information

          1. The Seller, to the widest extent permitted by law, shall not be liable for any disruptions, including interruptions in the functioning of the Store caused by force majeure, unauthorized actions of third parties, or the incompatibility of the online store with the Customer’s technical infrastructure.
          2. Browsing the Store’s assortment does not require the creation of an Account. Placing orders by the Customer for Products available in the Store’s assortment is possible either by placing an order through the Cart or by providing the necessary personal data and address information by telephone or email enabling the fulfillment of the Order.
          3. The prices provided in the Store are given in Polish zloty and are gross prices (including VAT). Using the filter, there is the possibility to change the displayed currency to US dollars and euros.
          4. At the final stage of purchase, when making payment, the fee is charged in Polish zloty, as Daria U Lewandowska is a company registered in Poland. Currency exchange rates may vary. Due to exchange rate differences, the final price may differ from that indicated on the website.
          5. Any fees related to the payment transaction processing are borne by the Customer (if applicable).
          6. The Seller informs that they are a tax payer of VAT. The Seller, in accordance with Art. 106b para. 3 of the VAT Act, is obliged to issue an invoice with VAT, documenting the sale.
          7. Any Internet user may freely browse the content of the Store.

          § 6
          Order Placement Rules

             

              1. In order to place an order, you should:
                a) Select the Product that is the subject of the Order, and then click the „Add to Cart” button; b) Enter the promotional code in the cart, if the Customer has one, and update the cart to recalculate the total value of the order;
                c) Complete the order form by entering the recipient’s Order data (name, address, phone, e-mail, and optionally the company name), and click the „Place Order” button;
                d) Choose one of the available payment methods and, depending on the payment method, pay for the order.
              2. By placing an order in the Store, the Customer declares that they acknowledge and fully accept the terms of this Regulations and undertake to comply with them. If the Customer does not agree with the provisions of the Regulations, the Seller has the right to refuse to provide services to the Customer.
              3. Orders can be placed throughout the year, 7 days a week, 24 hours a day.

            § 7
            Available payment methods

               

                1. The customer can use the following payment methods:
                  a) Electronic payments
                  b) Bank transfer payment to the Seller’s account
                  c) Another form agreed directly with the Seller

              § 8
              Execution of the sales agreement

                 

                  1. The conclusion of the Sales Agreement between the Client and the Seller takes place after the Client submits an Order using the Order Form in the online Store in accordance with § 6 of the Regulations.
                  2. After placing the Order, the Seller confirms its receipt. Confirmation of receipt of the Order is sent by the Seller to the Client via e-mail to the e-mail address provided by the Client during the Order placement, or the Seller contacts the Client by phone at the phone number provided during the Order placement. Upon receiving the e-mail confirmation of the Order fulfillment, the Sales Agreement is concluded between the Client and the Seller.
                  3. In the case of the Client choosing electronic payments or bank transfer, the Client is obliged to make the payment immediately. Otherwise, the order will be canceled.
                  4. The date of fulfillment of the Ordered Product is individually determined with the Client each time.
                  5. All Products made available through the Store, whether paid or free, are subject to protection provided for in the Act of February 4, 1994, on Copyright and Related Rights.
                  6. The Client accepts sales documents received in electronic form.

                § 9
                Right of withdrawal from the contract

                1. In the case of a contract concluded with a consumer, i.e., a physical person who enters into an agreement not directly related to their business or professional activity, the Customer may withdraw from the contract within 14 days from the date of concluding the contract, without giving any reason for withdrawal. The term for a consumer is also understood to mean a physical person for whom the conclusion of the contract is directly related to their business activity, and the contract does not have a professional character, resulting in particular from the subject of the economic activity made available on the basis of the provisions on the Central Register and Information on Economic Activity. The period referred to in paragraph 1 begins from the confirmation of the Order by the Seller.
                2. The consumer may withdraw from the contract by submitting a statement to the Seller about the withdrawal from the contract. To meet the deadline for withdrawal from the contract, it is enough for the Consumer to send a statement before the expiry of this deadline.
                3. The statement should be sent electronically by sending the statement to the Seller’s e-mail address – the Seller’s contact details have been specified in § 3.
                4. In the event of sending a statement by the Consumer electronically, the Seller will immediately send the Consumer a confirmation of receipt of the statement of withdrawal from the contract to the e-mail address provided by the Consumer.
                5. Effects of withdrawal from the contract:
                  a) In the event of withdrawal from a distance contract, the contract is considered not concluded.
                  b) In the event of withdrawal from the contract, the Seller will reimburse the Consumer immediately, no later than within 14 days from the date of receipt of the Consumer’s statement of withdrawal from the contract, for all payments made by him. c) The refund of payments by the Seller will be made using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer has expressly agreed to another solution that will not involve any costs for him.
                  d) The Seller may withhold the reimbursement until the Product is returned to him or until the proof of its return is provided, depending on which event occurs earlier.
                6. The right to withdraw from a distance contract does not apply to the Consumer in relation to the contract:
                  a) in which the subject of the performance is an item not prefabricated, manufactured according to the Consumer’s specifications or serving to satisfy his individualized needs,
                  b) for the provision of services, if the Seller has fully performed the service with the clear consent of the Consumer, who was informed before the start of the performance that after the performance by the Seller he will lose the right to withdraw from the contract,
                  c) in which the subject of the performance is audio or visual recordings or computer programs delivered in a sealed package if the package has been opened after delivery,
                  d) for the delivery of digital content that is not stored on a tangible medium, if the performance has begun with the clear consent of the Consumer before the deadline for withdrawal from the contract and after being informed by the Seller about the loss of the right to withdraw from the contract.

                § 10
                Complaints

                   

                    1. The Customer has the right to file a complaint regarding the provision of Services under this Regulations within 14 days from the date of consultation / termination of the Agreement.
                    2. The complaint can be sent by e-mail or in writing to the contact details provided in §3.
                    3. The complaint should contain the precise identification of the Customer (name, e-mail address, and correspondence address) as well as a detailed description of the circumstances that are the basis for filing the complaint.
                    4. The Seller will consider the complaint within 30 days of its receipt. If the complaint cannot be processed within this period, the Seller will notify the complainant of the reasons for the delay and the expected time for the complaint to be processed.
                    5. The response to the complaint is sent to the e-mail address provided by the complainant or to the correspondence address, if requested when submitting the complaint.
                    6. In the event of a successful complaint, the Seller will refund part / all of the price of the Service to the Customer.
                    7. The competent court for resolving any disputes arising from the application of the Regulations or arising in connection with the Services provided is the court competent for the Seller’s registered office, unless the Agreement has been concluded with a Consumer Customer, in which case the competent court is the court of general jurisdiction.

                  § 11
                  Out-of-court methods of considering complaints and asserting claims

                     

                      1. Detailed information regarding the possibility for the Consumer to use out-of-court methods of complaint resolution and assertion of claims, as well as the principles of access to these procedures, is available at the headquarters and on the websites of district (city) consumer ombudsmen, social organizations whose statutory tasks include consumer protection, Voivodship Inspectorates of Trade Inspection, and at the following websites of the Office of Competition and Consumer Protection:
                        http://www.uokik.gov.pl/spory_konsumenckie.php
                        http://www.uokik.gov.pl/sprawy_indywidualne.php
                        http://www.uokik.gov.pl/wazne_adresy.php
                      2. The Consumer has the following exemplary possibilities to use out-of-court methods of complaint resolution and assertion of claims:
                        a) The Consumer is entitled to apply to the permanent consumer arbitration court, referred to in Article 37 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to settle a dispute arising from the Agreement concluded with the Seller.
                        b) The Consumer is entitled to apply to the voivodship inspector of the Trade Inspection, in accordance with Article 36 of the Act of 15 December 2000 on Trade Inspection (Journal of Laws of 2014, item 148, as amended), with a request to initiate mediation proceedings for amicable resolution of the dispute between the Consumer and the Seller.
                        c) The Consumer can obtain free assistance in resolving the dispute between him and the Seller, also using the free assistance of the district (city) consumer ombudsman or a social organization, whose statutory tasks include consumer protection (including the Consumers’ Federation, the Association of Polish Consumers).

                    § 12
                    Processing of personal data

                       

                      1. The principles of personal data processing and Cookies are available in the Privacy Policy accessible at:  https://dariaulewandowska.com/en/privacy-policy/

                      §13
                      Final provisions

                         

                          1. The Seller may terminate the operation of the Store at any time for any reason, including without stating a reason, without affecting the previously concluded Agreements.
                          2. The Seller reserves the right to introduce changes to the Regulations. For agreements concluded before the change in the Regulations, the Regulations in force on the date of conclusion of the Agreement shall apply, except for the new provisions of the Regulations that are more favorable to the Customer (such provisions shall also apply to agreements concluded before the entry into force of the change in the Regulations).
                          3. The law applicable to this Regulations and to agreements for the provision of services by electronic means concluded on its basis is Polish law.
                          4. In matters not regulated in these Regulations, the generally applicable provisions of Polish law shall apply, in particular: the Civil Code; the Act on the provision of electronic services; the Consumer Rights Act; the Personal Data Protection Act.
                          5. The Customer has the right to use out-of-court methods of complaint handling and claims. For this purpose, they may submit a complaint via the EU ODR online platform available at: http://ec.europa.eu/consumers/odr/

                        +48 668 464 643

                        Daria U Lewandowska
                        ul.Daszyńskiego 55/10
                        50-310 Wrocław

                        info@dariaulewandowska.com
                        NIP PL 898-185-15-22
                        Revolut LT49 3250 0443 7406 8006

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