Regulations of the online store www.marcelinajarnuszkiewicz.com
Conclusion of a contract between the Buyer and the Seller can take place in two ways.
Before placing an order, the Buyer has the right to negotiate any provisions of the contract with the Seller, including those amending the provisions of the following regulations. Negotiations should be conducted in writing and addressed to the Seller's address: OKO I UCHO Piotr Kornobis, ul. Magiera 8a/21, 01-873 Warsaw, NIP 5291620708, REGON: 142140030
If the Buyer resigns from the possibility of concluding a contract through individual negotiations, the following regulations and relevant legal provisions shall apply.
- Personal Data Administrator:
Piotr Kornobis, conducting business activity under the business name OKO I UCHO Piotr Kornobis, ul. Konieczyńskiego 29/4, 01-865 Warsaw, NIP 5291620708, REGON: 142140030
- Postal address - name and surname or name of the institution, location in the city (in the case of a city divided into streets: street, building number, flat or apartment number; in the case of a city not divided into streets: name of the city and real estate number), postal code and city.
- Complaint address:
EYE AND EAR Piotr Kornobis, ul. Magiera 8a/21, 01-873 Warsaw, NIP 5291620708
- Delivery price list - a list of available types of delivery and their costs available at firstname.lastname@example.org.
- Contact details:
EYE AND EAR Piotr Kornobis, ul. Konieczyńskiego 29/4, 01-865 Warszawa NIP 5291620708 mail: email@example.com phone: 665 014 649
- Personal data - any information relating to an identified or identifiable natural person. Information is not considered personally identifiable if doing so would require excessive cost, time or effort.
- Sensitive data - these are personal data containing information on racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union membership, as well as data on health, genetic code, addictions, sex life, convictions, judgments on punishment and fines, as well as other judgments issued in court or administrative proceedings.
- Delivery - type of transport service, specifying the carrier and cost, listed in the delivery price list at sklep.marcelinajarnuszkiewicz.com
- Proof of purchase - an invoice, bill or receipt issued in accordance with the Value Added Tax Act of March 11, 2004, as amended, and other applicable laws.
- Product card - a single subpage of the store containing information about a single product.
a. an adult natural person running a sole proprietorship, concluding a contract with the Seller directly related to its business or professional activity and having a professional nature for it;
b. an organizational unit without legal personality but with legal capacity;
c. legal person.
- Civil Code - the Civil Code Act of April 23, 1964, as amended.
- Code of good practice - a set of rules of conduct, in particular ethical and professional standards referred to in Article 2 point 5 of the Act on Counteracting Unfair Market Practices of August 23, 2007, as amended.
- Consumer - a natural person who does not run a business or a natural person who runs a business, concluding a contract with the Seller not directly related to the business or professional activity conducted by him.
- Cart - a list of products made of the products offered in the store based on the Buyer's choices.
- Buyer - both the Consumer and the Customer.
- Place of delivery of the item - postal address or collection point indicated in the order by the Buyer.
- The moment of delivery of the item - the moment when the Buyer or a third party indicated by him for collection takes possession of the item.
- ODR online platform - an EU website operating on the basis of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/ 22/WE and available at https://ec.europa.eu/consumers/odr/
- Payment - the method of payment for the subject of the contract and delivery listed at sklep.marcelinajarnuszkiewicz.com
- Authorized entity - an entity authorized to out-of-court resolution of consumer disputes within the meaning of the Act on out-of-court resolution of consumer disputes of September 23, 2016, as amended.
- Consumer law - the Act on Consumer Rights of May 30, 2014.
- Product - the minimum and indivisible quantity of items that may be the subject of the order, and which is given in the Seller's store as a unit of measure when determining its price (price/unit).
- Subject of the contract - products and delivery being the subject of the contract.
- Subject of the service - subject of the contract.
- Collection point - the place of delivery of the item, which is not a postal address, listed in the list provided by the Seller in the store.
- Register of UOKiK - register of authorized entities kept by the Office of Competition and Consumer Protection pursuant to the Act on out-of-court resolution of consumer disputes of 23 September 2016, as amended, and available at: https://uokik.gov.pl/rejestr_podmiot_uprawonych.php
- GDPR - 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/EC and the Act of 10 May 2018 on the protection of personal data.
- Item - a movable item that may be or is the subject of the contract.
- Store - an online service available at sklep.marcelinajarnuszkiewicz.com, through which the Buyer can place an order.
Piotr Kornobis, conducting business activity under the business name OKO I UCHO Piotr Kornobis, ul. Konieczyńskiego 29/4, 01-865 Warsaw, NIP 5291620708, REGON: 142140030
BANK ACCOUNT: 79 1140 2017 0000 4102 1255 8740
- System - a set of cooperating IT devices and software, ensuring processing and storage, as well as sending and receiving data via telecommunications networks using a terminal device appropriate for a given type of network, commonly referred to as the Internet.
- Completion date - the number of hours or working days specified on the product card.
- Contract - a contract concluded outside the business premises or remotely within the meaning of the Act on Consumer Rights of 30 May 2014 in the case of Consumers and a sales contract within the meaning of Art. 535 of the Civil Code of April 23, 1964 in the case of Buyers.
- Defect - both physical and legal defects.
- Physical defect - non-compliance of the sold item with the contract, in particular if the item:
- it does not have properties that an item of this type should have due to the purpose specified in the contract or resulting from circumstances or intended use;
- does not have properties the existence of which the Seller assured the Consumer,
- is not suitable for the purpose of which the Consumer informed the Seller at the conclusion of the contract, and the Seller did not raise any objections to such a purpose;
- was delivered to the Consumer incomplete;
- in the event of its incorrect installation and commissioning, if these activities were performed by the Seller or a third party for whom the Seller is responsible, or by the Consumer who followed the instructions received from the Seller;
- it does not have the properties that the manufacturer or his representative or the person who places the item on the market in the scope of his business activity assured, and the person who, by placing his name, trademark or other distinctive sign on the sold item, presents himself as the manufacturer, unless The Seller did not know these assurances or, judging reasonably, could not have known them, or they could not affect the Consumer's decision to conclude the contract, or if their content was corrected before the conclusion of the contract.
- Legal defect - a situation when the sold item is owned by a third party or is encumbered with the right of a third party, and also if the restriction on the use or disposal of the item results from a decision or judgment of a competent authority.
- Order - the Buyer's declaration of will submitted via the store, clearly specifying: type and quantity of products; type of delivery; payment method; the place of delivery of the item, the Buyer's data and aiming directly at concluding a contract between the Buyer and the Seller.
§2 General conditions
- The contract is concluded in Polish, in accordance with Polish law and these regulations.
- The place of delivery of the item must be within the territory of the Republic of Poland.
- The seller is obliged and undertakes to provide services and deliver items free from defects.
- All prices provided by the Seller are expressed in Polish currency and are gross prices (including VAT). Product prices do not include the cost of delivery, which is specified in the delivery price list.
- All deadlines are calculated in accordance with art. 111 of the Civil Code, i.e. the period marked in days ends with the end of the last day, and if the beginning of the period marked in days is a certain event, it is not taken into account when calculating the date of the day on which the event occurred.
- Confirmation, disclosure, recording, securing of all relevant provisions of the contract in order to gain access to this information in the future takes place in the form of:
- confirmation of the order by sending to the e-mail address provided: order, pro forma invoice, information on the right to withdraw from the contract, these regulations in pdf version, the template of the withdrawal form in pdf version, links to download the regulations and the template of withdrawal from the contract;
- attaching to the completed order, sent to the indicated place of delivery of printed items: proof of purchase, information on the right to withdraw from the contract, these regulations, a model withdrawal form.
- The seller informs about known guarantees provided by third parties for products in the store.
- The Seller does not charge any fees for communication with him using means of remote communication, and the Buyer will bear its costs in the amount resulting from the contract he concluded with a third party providing him with a specific service enabling remote communication.
- For card payments:
- The following payment methods are available in the Store: Visa, Visa Electron, Mastercard, Mastercard Electronic, Maestro.
- The order processing time is counted from the moment of obtaining positive payment authorization.
- The Seller provides the Buyer using the system with the correct operation of the store in the following browsers: IE version 7 or newer, FireFox version 3 or newer, Opera version 9 or newer, Chrome version 10 or newer, Safari with the latest versions of JAVA and FLASH installed, on screens with a resolution horizontal above 1024 px. The use of third-party software affecting the functioning and functionality of browsers: Internet Explorer, FireFox, Opera, Chrome, Safari may affect the correct display of the store, therefore, in order to obtain full functionality of the store sklep.marcelinajarnuszkiewicz.com, all of them should be turned off.
- The buyer may use the option of remembering his data by the store in order to facilitate the process of placing another order. For this purpose, the Buyer should provide the login and password necessary to access his account. The login and password are a string of characters set by the Buyer, who is obliged to keep them secret and protect against unauthorized access by third parties. The buyer has the option of viewing, correcting, updating data and deleting the account in the store at any time.
- The seller adheres to the code of good practice.
- The buyer is obliged to:
- not to provide or transmit content prohibited by law, e.g. content promoting violence, defamatory or violating personal rights and other rights of third parties,
- use the store in a way that does not interfere with its functioning, in particular by using specific software or devices,
- not to take actions such as: sending or posting unsolicited commercial information (spam) within the store,
- use the store in a way that is not inconvenient for other Buyers and for the Seller,
- use any content posted as part of the store only for your own personal use,
- use the store in a manner consistent with the provisions of the law in force in the territory of the Republic of Poland, the provisions of the regulations, as well as with the general rules of netiquette.
§3 Conclusion of the contract and implementation
- Orders can be placed 24 hours a day.
- In order to place an order, the Buyer should perform at least the following steps, some of which may be repeated many times:
- adding a product to the basket;
- selection of the type of delivery;
- choice of payment type;
- selection of the place of delivery of the item;
- placing an order in the store by using the "Buy and pay" button.
- The contract is concluded in the offer mode by placing an order by the Buyer and confirming the acceptance of the order by the Seller (declaration of acceptance of the offer). The conclusion of the contract takes place when the Seller submits a declaration of acceptance of the offer, of which he informs the Customer within 48 hours of placing the order.
- The execution of the Consumer's order payable on delivery takes place immediately, and the order paid by bank transfer or via the electronic payment system after the Consumer's payment is credited to the Seller's account, which should take place within 30 days of placing the order, unless the Consumer was unable to fulfill the service for not his fault and informed the Seller thereof.
- The execution of the Customer's order payable on delivery takes place immediately after the conclusion of the contract, and the order paid by bank transfer or via the electronic payment system after the conclusion of the contract and the Customer's payment is credited to the Seller's account.
- The execution of the Customer's order may depend on the payment of all or part of the order value or obtaining a trade credit limit of at least the value of the order or the Seller's consent to send the order on delivery (payable on delivery).
- The subject of the contract is sent within the time limit specified on the product card, and for orders consisting of many products, within the longest period specified in the product cards. The period begins with the execution of the order.
- The purchased subject of the contract, together with the proof of purchase selected by the Buyer, is sent by the type of delivery selected by the Buyer to the place of delivery of the item indicated by the Buyer in the order, together with the attachments referred to in §2 point 6b.
§4 Right to withdraw from the contract
- The consumer is entitled pursuant to art. 27 of the Consumer Law, the right to withdraw from a distance contract without giving any reason and without incurring costs, except for the costs specified in art. 33, art. 34 of Consumer Law.
- The deadline for withdrawing from a distance contract is 14 days from the date of handing over the item, and to meet the deadline it is enough to send a statement before its expiry.
- The declaration of withdrawal from the contract may be submitted by the Consumer on the form, the template of which is attached as Appendix 2 to the Consumer Law, on the form available at sklep.marcelinajarnuszkiewicz.com or in another form in accordance with the Consumer Law.
- The Seller will immediately confirm to the Consumer by e-mail (provided when concluding the contract and a different one if it was provided in the submitted statement) receipt of the statement of withdrawal from the contract.
- In the event of withdrawal from the contract, the contract is considered void.
- The consumer is obliged to return the item to the Seller immediately, but not later than 14 days from the date on which he withdrew from the contract. To meet the deadline, it is enough to send back the item before its expiry.
- If you wish to make a return, please contact the Seller by e-mail.
- The consumer sends back the items being the subject of the contract from which he withdrew at his own expense.
- The consumer does not bear the costs of delivering digital content that is not recorded on a tangible medium, if he has not consented to the performance of the service before the deadline for withdrawing from the contract or has not been informed about the loss of his right to withdraw from the contract at the time of granting such consent or the entrepreneur has not has provided confirmations in accordance with Art. 15 sec. 1 and art. 21 sec. 1. Consumer Law.
- The consumer is liable for a decrease in the value of the item being the subject of the contract and resulting from using it in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item.
- The Seller shall promptly, not later than within 14 days from the date of receipt of the declaration of withdrawal from the contract submitted by the Consumer, return to the Consumer all payments made by him, including the costs of delivering the item to the Consumer, and if the Consumer has chosen a delivery method other than the cheapest usual delivery method offered by Seller, the Seller will not reimburse the Consumer for additional costs in accordance with Article 33 of the Consumer Law.
- The Seller refunds the payment using the same method of payment as used by the Consumer, unless the Consumer has expressly agreed to a different method of payment that does not involve any costs for him.
- The Seller may withhold the reimbursement of the payment received from the Consumer until receipt of the item back or delivery by the Consumer of proof of its return, depending on which event occurs first.
- The consumer, in accordance with Article 38 of the Consumer Law, is not entitled to withdraw from the contract:
- 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 contract;
- in which the subject of the service is a non-prefabricated item, manufactured according to the consumer's specifications or serving to meet his individual needs;
- in which the subject of the service is an item that deteriorates quickly or has a short shelf life;
- 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 are items which, due to their nature, are inseparably connected with other items after delivery;
- 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 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 entrepreneur about the loss of the right to withdraw from the contract;
- for the delivery of newspapers, periodicals or magazines, with the exception of a subscription agreement.
- The seller, pursuant to art. 558§1 of the Civil Code completely excludes liability towards customers for physical and legal defects (warranty). This reservation does not apply to Consumers (section 2 below).
- The Seller is liable to the Consumer on the terms set out in art. 556 of the Civil Code and subsequent for defects (warranty).
- In the case of a contract with a Consumer, if a physical defect was found within one year from the date of delivery of the item, it is assumed that it existed at the time the danger passed to the Consumer.
- If the sold item has a defect, the consumer may:
- submit a statement requesting a price reduction;
- submit a declaration of withdrawal from the contract;
unless the Seller immediately and without undue inconvenience to the Consumer replaces the defective item with a defect-free item or removes the defect. However, if the item has already been replaced or repaired by the Seller or the Seller has not fulfilled the obligation to replace the item with a defect-free item or remove the defect, he is not entitled to replace the item or remove the defect.
- The Consumer may, instead of removing the defect proposed by the Seller, demand replacement of the item with a defect-free one, or instead of replacing the item, demand removal of the defect, unless bringing the item to conformity with the contract in the manner chosen by the Consumer is impossible or would require excessive costs compared to the method proposed by the Seller. however, when assessing the excess of costs, the value of the defect-free item, the type and significance of the defect found are taken into account, and the inconvenience to which the Consumer would be exposed by a different method of satisfaction is also taken into account.
- The consumer may not withdraw from the contract if the defect is insignificant.
- If the sold item has a defect, the consumer may also:
- demand replacement of the item with a defect-free one;
- request removal of the defect.
- The seller is obliged to replace the defective item with a defect-free item or remove the defect within a reasonable time without undue inconvenience to the consumer.
- The Seller may refuse to satisfy the Consumer's request if bringing the defective item into conformity with the contract in a manner chosen by the buyer is impossible or would require excessive costs compared to the other possible way of bringing the defective item into conformity with the contract.
- In the event that the defective item has been installed, the Consumer may request the Seller to disassemble and reinstall it after replacing it with a defect-free item or removing the defect, but he is obliged to bear some of the related costs exceeding the price of the sold item or may request the Seller to pay part of the costs disassembly and reassembly, up to the price of the item sold. In the event of failure to perform the obligation by the Seller, the Consumer is authorized to perform these activities at the expense and risk of the Seller.
- The consumer who exercises the rights under the warranty is obliged to deliver the defective item to the complaint address at the expense of the Seller, and if, due to the type of item or the method of its assembly, the delivery of the item by the Consumer would be excessively difficult, the Consumer is obliged to make the item available to the Seller at the place where where the item is located. In the event of failure to perform the obligation by the Seller, the Consumer is entitled to return the item at the expense and risk of the Seller.
- The costs of replacement or repair are borne by the Seller, except for the situation described in §5 point 10.
- The Seller is obliged to accept a defective item from the Consumer in the event of replacing the item with a defect-free item or withdrawing from the contract.
- Within fourteen days, the seller will respond to the statement on the request to reduce the price, request replacement of the item with a defect-free item, request to remove the defect. The Seller, within thirty days (Article 7a of the Consumer Law), will respond to any other statement of the Consumer, which does not apply to the period of fourteen days specified in the Civil Code.
Otherwise, it is considered that he considered the Consumer's statement or request to be justified.
- The Seller is liable under the warranty if the physical defect is found within two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item within one year from the date of delivery of the item to the Consumer.
- The Consumer's claim for removal of the defect or replacement of the sold item with a defect-free item expires after one year from the date of finding the defect, but not earlier than two years from the date of delivery of the item to the Consumer, and if the subject of the sale is a used item within one year from the date of delivery of the item to the Consumer. delivery of items to the Consumer.
- In the event that the expiry date of the item specified by the Seller or the manufacturer ends after two years from the date of delivery of the item to the Consumer, the Seller shall be liable under the warranty for physical defects of this item found before the expiry of this period.
- Within the time limits specified in §5 points 15-17, the Consumer may submit a declaration of withdrawal from the contract or reduction of the price due to a physical defect of the item sold, and if the Consumer demanded replacement of the item with a defect-free one or removal of the defect, the deadline for submitting a declaration of withdrawal from the contract or price reduction begins with the ineffective expiry of the deadline for replacing the item or removing the defect.
- In the event of one of the rights under the warranty being pursued before the court or arbitration court, the time limit for exercising other rights to which the Consumer is entitled in this respect shall be suspended until the final conclusion of the proceedings. Accordingly, it also applies to mediation proceedings, while the deadline for exercising other warranty rights to which the Consumer is entitled begins to run from the date of refusal by the court to approve the settlement concluded before the mediator or ineffective termination of mediation.
- To exercise the rights under the warranty for legal defects of the sold item, §5 points 15-16 apply, except that the period starts from the day on which the Consumer learned about the existence of the defect, and if the Consumer learned about the existence of the defect only as a result of claims by a third party - from the date on which the judgment issued in the dispute with the third party became final.
- If, due to a defect in the item, the Consumer made a declaration of withdrawal from the contract or reduction of the price, he may demand compensation for the damage he suffered because he concluded the contract without knowing about the existence of the defect, even if the damage was the result of circumstances for which the Seller is not responsible, in particular, he may demand reimbursement of the costs of concluding the contract, the costs of collecting, transporting, storing and insuring the items, reimbursement of the outlays made to the extent that he did not benefit from them and did not receive their reimbursement from a third party and reimbursement of the costs of the process. This is without prejudice to the provisions on the obligation to repair damage on general terms.
- The expiry of any deadline for finding a defect does not exclude the exercise of warranty rights if the Seller has fraudulently concealed the defect.
- If the Seller is obliged to provide a benefit or financial benefit to the Consumer, he will perform it without undue delay, no later than within the time limit provided for by law.
§7 Final Provisions
- None of the provisions of these regulations are intended to infringe the Buyer's rights. It also cannot be interpreted in this way, because in the event of non-compliance of any part of the regulations with applicable law, the Seller declares absolute subordination and application of this law in place of the challenged provision of the regulations.
- Registered Buyers will be notified of changes to the regulations and their scope by e-mail (to the e-mail address provided during registration or ordering). The notification will be sent at least 30 days before the new regulations come into force. Changes will be introduced in order to adapt the regulations to the applicable legal status.
- The current version of the regulations is always available to the Buyer in the regulations tab (http://www.shoplo.marcelinajarnuszkiewicz.pl). During the execution of the order and throughout the period of after-sales care of the Buyer, the regulations accepted by him when placing the order apply. Except for the situation when the Consumer considers it less favorable than the current one and informs the Seller about the current choice as binding.
- In matters not covered by these regulations, the relevant applicable legal provisions shall apply. Disputes, if the Consumer expresses such a will, are resolved through mediation proceedings before the Provincial Inspectorates of the Trade Inspection or a trial before the arbitration court at the Provincial Inspectorate of the Trade Inspection. The consumer may also use equivalent and lawful methods of pre-court or out-of-court dispute resolution, e.g. via the EU ODR online platform or by selecting any authorized entity from among those listed in the UOKiK register.
As a last resort, the case is settled by the court having local and material jurisdiction.