WOYNOWSKA ONLINE SHOPPING TERMS AND CONDITIONS
1. GENERAL TERMS
1.1. Internet Store Woynowska accessible at www.woynowska.com is an ICT platform for making distance sales contracts and rendering electronic services run by Katarzyna Woynowska-Szeląg registered as business entity Katarzyna Woynowska-Szelag located at ul. Mikołaja Kopernika 32 lok. 22, 00-336 Warszawa, Tax ID No (NIP): 5841742671, REGON: 364129884 (contact details: e-mail: firstname.lastname@example.org, phone +48 602 210 386 – standard call rate by operator’s tariff); further on referred to as: ‘Service Provider’ or ‘Vendor’.
1.2.These Terms and Conditions (further on referred to as ‘Terms’) apply both to Consumers and entrepreneurs using the Online Store (further on referred to as ‘Store’). The provisions of these Terms are not intended to remove or limit any rights that Consumers are entitled to base on regulations of law. In case of any inconsistency of these Terms with the foregoing regulations, the generally applicable law prevails.
1.4.1 WORKING DAY – any day from Monday to Friday, excluding public holidays.
1.4.2. ORDER FORM – a form for placing orders accessible on the Store’s website.
1.4.3 CLIENT – a Recipient who concludes Sales Contract with the Vendor.
1.4.4 CIVIL CODE – Civil Code Act of 23 April 1964. (Journal of Laws of 2017, item 459 with amendments).
1.4.5 CONSUMER – a Recipient being a natural person who uses the Store and undertaking, alongside with the Service Provider, a legal action not related directly with his or her business or professional activity.
1.4.6 ACCOUNT – The Store’s feature marked by an individual name (identifier or email address) and safeguarded by a password provided by a Recipient, which contains sets of data in the Service Provider’s System on Recipients, including placed Orders.
1.4.7 PRODUCT – a moveable item (including shawls, scarfs, skirts et al.) being an object of Sales Contract between the Vendor and a Client.
1.4.8. CUSTOMISED PRODUCT – a movable item (including shawls, scarfs, skirts et al.) made according to customer’s individual demands (regarding such details as colour and the size and type of decoration).
8. TERMS & CONDITIONS – the Terms of the Online Store.
9. ONLINE STORE – the Online Store of the Vendor (also referred to as the Store) accessible at www.woynowska.com
10. VENDOR, SERVICE PROVIDER – Katarzyna Woynowska-Szeląg running a business entity Katarzyna Woynowska-Szeląg with its seat at ul. Mikolaja Kopernika 32, lok 22, 00-336 Warszawa, Tax ID No (NIP): 5841742671, REGON: 364129884 (contact details: e-mail: email@example.com, phone: +48 602 210 386 – standard call rate by operator’s tariff).
11. SALES CONTRACT – a Sales Contract between the Client and the Vendor via the Online Store.
12. ELECTRONIC SERVICE – a service provided online based on Act on Rendering Electronic Services of 18 July 2002, further referred to as ‘act on rendering electronic services’.
13. RECIPIENT – a natural person, including a Consumer, having full capacity to perform acts in law (is of age, not incapacitated either fully or partially), a legal entity or an organisational unit not being a legal entity, but having legal capacity, who uses the Online Store.
14. ORDER – a declaration of the Recipient’s will which directly leads to conclusion of a Sales Contract of the Product or the Customised Product from the Vendor specifying the type and/ or number of items and other details of the given Product.
2. TYPES AND RANGE OF ELECTRONIC SERVICES
2.1 Following are the Electronic Services offered by the Store:
2.1.1 Placement of an order in the Online Store via Order Form.
2.1.3. Running one’s Account in the Online Store.
3. TERMS OF CONTRACTS FOR RENDERING ELECTRONIC SERVICES
3.1.1. Rendering Electronic Services by the Service Provider is free of charge.
3.2 Duration of the agreement for rendering electronic services:
3.2.1 The agreement for providing electronic services that allows submitting an Order at the Online Store by filling in the Order Form is binding for a specified period of time and is terminated while the Order is submitted.
3.2.2 The agreement for rendering electronic services that allows running an account at the Online Store is binding for an unspecified period of time. The agreement becomes effective when the Order Form is effectively completed and gets accepted by the Recipient, with the field ‘Create an Account?’ selected and completed.
3.3 Technical requirements for using the Online Store:
3.3.1 A computer with Internet connection.
3.3.2 Access to an email address.
3.3.3 Search engine: Mozilla Firefox 3.5 and higher, Internet Explorer 8.0 and higher, Opera 10 and higher, Google Chrome 10 and higher.
3.3.4. Enabling cookies in the search engine.
3.4 Recipient’s obligations.
3.4.1. The Recipient is obliged to use the Online Store in compliance with the law and good practices, respecting personal and intellectual rights of third party entities and the Service Provider.
3.4.2 The Recipient is obliged to provide true, accurate and complete data.
3.4.3. The Recipient is forbidden to supply illegal content.
3.5 On the side of the Recipient the use of Electronic Services may involve typical threats that may affect an Internet user. Among the risks related to using Electronic Services are a threat of having the computer infected by a virus or spyware aimed at spying on the Internet user, stealing data, removing data, or paralysing the system. The Service Provider uses computer system security and IT assistance to ensure data security. This does not mean, however, that the Recipient takes no responsibility for his or her online activity.
4. TERMS OF SALE
4.1. Advertisements, commercials, pricelists and other information on Products provided on the Online Store website, in particular their description, technical and performance parameters and prices are an invitation to conclude an agreement (as in Article 71 of the Civil Law Code).
4.2. The price of the Products displayed on the Online Store website is expressed in the Polish zloty and contains all components, including VAT. The prices do not include delivery costs and payments, which are displayed during order submission.
4.3. The price of the Product displayed on the Internet Store website becomes binding after order submission by The Customer. The price will not be subject to change regardless of price changes at the Online Store that may follow placement of an order by the Customer.
4.4. The price of Customised Products is negotiated individually with the Customer.
4.5 Making Sales Contract.
4.5.1 Sales Contract shall be preceded by order submission by the Client.
4.5.2 The Vendor confirms taking the Order and accepts it for processing promptly after its submission, which binds the Client with the Order.
4.5.3. Order confirmation and its acceptance for processing is done via an email to the Client containing:
1. Confirmation of all essential elements of the Order.
2. The Vendor’s declaration that the Order was effectively submitted.
3. The Vendor’s declaration that the Order was accepted for processing (offer’s acceptance).
4. Link to the site with the Terms and Conditions.
5. The Price of the Product or the Customized Product increased by shipping cost and other price components agreed in the Order.
6. Sales Contract between the Vendor and the Client is concluded after the Client receives the email mentioned in point 4.5.3.
5. PAYMENT OPTIONS
5.1. The Vendor offers the following payment options:
5.1.1. Cash on delivery.
5.1.2. Traditional bank transfer to the Vendor’s bank account. ………………………………………………………………………….
6. DELIVERY COST, DATE AND METHOD
6.1. The Vendor offers following delivery methods:
6.1.1. Courier parcel;
6.1.2. Courier parcel with cash on delivery.
6.1.3 Collection from the Store (ul. Mikołaja Kopernika 32, lok. 22, 00-33 Warszawa) at date and hours arranged with the Vendor.
6.2. Potential delivery costs are displayed at the time of placing the order and depend on payment and delivery place and methods selected by the Client.
6.3. The Vendor delivers the Product within seven working days. The delivery date should be calculated as follows:
6.3.1 In the case of a bank transfer, it is the day of crediting the Vendor’s account.
6.3.2. In the case of cash on delivery method, it is the day of concluding the Sales Contract.
6.4. Delivery data for Customised Products is individually agreed with the Client.
7. TERMS OF TERMINATION OF AGREEMENT FOR ELECTRONIC SERVICES RENDERING
7.1. Termination of agreement for electronic services rendering:
7.1.1. The Recipient has the right to terminate an open-end (for an indefinite period of time) agreement for rendering electronic services (such as running an account in the Online Store).
7.1.2. The Recipient has the right to terminate the agreement with immediate effect without the necessity to specify its reason by sending a proper statement by email to Katarzyna@woynowska.com or by traditional mail to: ul. Mikołaja Kopernika 32 lok 22, 00-336 Warszawa.
7.1.3. The Service Provider has the right to terminate the agreement on rendering electronic services with the Recipient who is at the same time the Consumer when the latter objectively blatantly or persistently violates the Terms e.g. when he or she supplies illegal content and continues to violate the Terms despite at least one request to abandon the practices or eliminate the violations within a specified period of time. Violation of the Terms has to be unlawful and objective. In such case the agreement for rendering electronic services is terminated after 14 days following a proper statement from the Service Provider (notice period).
7.1.4. The Service Provider has the right to terminate the agreement for rendering electronic Services with Recipients not being Consumers with immediate effect and without giving reasons by sending the Recipient a proper statement.
7.1.5. The Recipient and Service Provider have the right to terminate the agreement by mutual arrangement.
8. CUSTOMER COMPLAINTS
8.1. Complains about incorrectly supplied Product or Customised Product:
8.1.1. The grounds and the extent of the Vendor’s responsibility towards the Consumer in this respect is defined in the Civil Law Code and the Act of 30 May 2014 on Consumer Rights.
8.1.2. Complaints and demands may be sent by email to Katarzyna@woynowska.com or by traditional mail to: ul. Mikołaja Kopernika 32 lok 22, 00-336 Warszawa.
8.1.3. In the complaint notice the Client should provide his or her name (or the name of the company), address for correspondence, order details (number or date) as received in the Order confirmation from the Service Provider, type and date of reasons for the complaint and specify his or her demand.
8.1.4. The Vendor shall take a stance towards the Client’s complaint promptly, up to 14 days . The Vendor’s response is sent to the address provided by the Client or in another way indicated by the Client.
8.1.5. The Client has the right to non-judicial complaints procedure. The Client may choose to resolve the dispute concerning online shopping amicably via EU ODR platform at: https://webgate.ec.europa.eu/odr/.
8.2. Complaints about electronic services rendered by the Service Provider and other complaints about the services of the Online Store:
8.2.1 Complaints concerning electronic services rendered by the Service Provider and other complaints related to the services of the Online Store may be submitted by the Recipient by email to Katarzyna@woynowska.com or by traditional mail to: ul. Mikołaja Kopernika 32 lok. 22, 00-336 Warszawa.
8.2.2. In the complaint notice the Client should provide his or her name (or the name of the company), address for correspondence, number and date as received in the Order confirmation, type and date of reasons for the complaint and specify his or her demand.
8.2.3. The Client is advised to provide as much information as to the subject of complaint as possible, in particular as regards the type of and date of deficiencies, as well as contact details. This will facilitate the complaint process.
8.2.4. The Vendor shall take a stance towards the Client’s complaint promptly, up to 14 days from its delivery.
8.2.5. The Vendor’s response is sent to the address provided by the Client or in another way requested by the Recipient.
9. CANCELLATION RIGHTS
9.1. The Recipient (Client) being at the same time the Consumer who has concluded a distance sales contract has the right to cancel any sales agreement within 14 days without any reason. To exercise the right to cancel, the Client has to send a clear statement within 14 days and return the Product in the state in which he or she received it. To keep the deadline it suffices to send the statement before it expires. The statement may be sent by email to Katarzyna@woynowska.com or by traditional mail to: ul. Mikołaja Kopernika 32 lok 22, 00-336 Warszawa.
9.2. See cancellation form template in annex 1 to the Terms and Conditions
9.3. Cancellation makes sales agreement non-concluded and releases the Consumer from obligations except from returning the product in unchanged state.
9.4. The Service Provider (Vendor) will make reimbursement for returned Product to bank account or in other form indicated by the Consumer within 14 days following the cancellation statement and the return of the Product.
9.5. 14-day notice period in which the Consumer may cancel the agreement is calculated starting the delivery day or in the case of electronic services rendering, on the day of concluding the agreement.
9.6. The right to cancel remote sales agreement without any reason does not apply to individualized goods prepared according to the Consumer’s directions or tailored to his/her individual needs (such as Customised Product).
10. FINAL PROVISIONS
10.1. Agreements made by the Online Store are made in compliance with the Polish law.
10.2. If a particular provision of the Terms and Conditions is considered invalid or ineffective, this does not affect validity and effectiveness of other provisions of these Terms. The service provider will make any effort to replace invalid or ineffective provision with a new, legally correct one.
10.3.1. Service Provider is entitled to introduce changes in the Terms for important reasons, in particular: changes in the law, payment and delivery methods, as well as changes regarding electronic services rendering, to the extent the changes affect compliance with the provisions of these Terms.
10.3.2. The Recipient is bound to comply with modified Terms on condition that he or she was properly informed on them and did not cancel the agreement for electronic services rendering for an indefinite period of time within 14 days following the notification (article 384 of the Civil Law Code)
10.3.3. Changes in the Terms will not violate the acquired rights of Recipients who are Consumers and use the Online Store before the changes come into effect. In particular, the changes will not affect Orders already submitted, and agreements made or finalised.
10.3.4. If a change in the Terms brought about introduction of new tariffs or increase of present ones, the Customer being the Consumer has the right to cancel the agreement.
10.4. In cases not regulated in these Terms, the generally applicable law prevails, in particular: Civil Law Code, the act on Rendering Electronic Services, Consumer’s Rights Act.
10.5 Dispute Resolution:
10.5.1. Potential disputes between the Service Provider/ Vendor and the Recipient who is the Consumer will be settled by respective courts of law according to the Code of the Civil Procedure dated November 17, 1964.
ORDER CANCELLATION FORM – TEMPLATE (the form has to be filled in and sent back only in the case of order cancellation)
Company name: Katarzyna Woynowska-Szeląg
ul. Mikołaja Kopernika 32 lok. 22
phone: +48 602 210 386
I/We hereby inform you about my/ our decision to cancel the order of the following item*
Made with Katarzyna Woynowska-Szelag on ………….. (date). (order numer……………….), on the basis of which the products were delivered on…………….. Please, credit my/ our banking account with the refund for the amount I/we paid **
Client’s name and surname:
*Delete were inapplicable
**fill in only if you made your payment in cash and you agree to have your money returned to your bank account.