Terms and conditions

CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

1. The following Regulations specify the rules and conditions of service provision by electronic means, including Store use, as well as rights, obligations and the responsibility of the Seller and the Customer. The Regulations also contain information which the Seller is obliged to provide the Consumer with, according to the applicable provisions, including the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017, 683, consolidated text, as amended).
2. Each Customer should read the Regulations.
3. The Regulations are available on the Store’s website and can be made available (free of charge) before the contract is concluded. At the Customer’s request, the Regulations shall also be made available in such a way so as to enable obtaining, reproducing and recording their content by means of an ICT system used by the Customer (e.g. by e-mail).
4. Basic definitions:
1) Regulations: Online Store Regulations;
2) Seller: Rafał Piasecki, operating under the name of R&P, ul. Gajowicka 86/40, 53-422 Wrocław, NIP (Tax Identification No.) 8992604543, entered into the Business Activity Central Register and Information Record
3) Customer: a natural person not younger than 18 years of age who has full legal capacity, a legal person or an organisational unit without legal personality while being able to acquire rights and incur liabilities on their own behalf, who/which shall establish a legal relationship with the Seller within the scope of the Store’s activity. The Customer is also a Consumer, if there are no separate regulations with regard to the Consumer;
4) Consumer: A Customer being a natural person performing a legal act (purchase) with the Seller which is not directly related to their business or professional activity;
5) Electronic Service: a service as understood within the meaning of the Act of July 18, 2002 on Providing Services by Electronic Means (Journal of Laws 2017.1219, consolidated text, as amended) provided to the Customer with the use of electronic means via the Website;
6) Store, Online Store or Website: An Electronic Service, Online Store run by the Seller at the www.piaseckidesign.pl address, as a part of which the Customer concludes a remote sales contract; the Parties are informed about the conclusion of sales via automatically generated e-mail and the performance of the contract (Goods delivery in particular) takes place outside the Internet;
7) Account: an Electronic Service, marked with an individual name (login) and password provided by the Customer, a set of resources in the Seller’s ICT system in which the data provided by the Customer and the information on activities in the Store are collected;
8) Goods or Product: goods sold in the Store and offered by the Seller;
9) Contract: a remote contract concerning the purchase of the Goods concluded as the result of an Order placed by the Customer in the Store and its acceptance by the Seller;
10) Form: a script constituting a means of electronic communication, enabling the placement of an Order in the Store or performing some other actions in the Store;
11) Order: an instruction to purchase the Goods as submitted by the Customer by the means of technical communication;
12) Newsletter: an Electronic Service, electronic distribution service provided by the Seller via e-mail, enabling all the Customers who use it to automatically receive cyclic messages (newsletters) from the Seller containing information on the Website, including news or promotions in the Store.

CHAPTER 2. BASIC AND TECHNICAL INFORMATION

1. Contact details of the Seller – address: Galeria Wnętrz Domar, ul. Braniborska 14, 53-680 Wrocław, e-mail: sklep@piaseckidesign.pl, phone: 577 998 001.
1. The Seller offers the following types of Electronic Services:
1) Online Store,
2) Newsletter,
3) Posting comments,
4) An account.
2. The Seller provides Electronic Services in accordance with the Regulations.
3. In order to use the Store, the Customer has to fulfil the following technical conditions: having a computer or some other device which allows for browsing the Internet, an appropriate software (including a web browser), Internet access and a valid and active e-mail account.
4. The Customer is prohibited to provide illegal content.
5. Using the Store may involve risks typical for using the Internet such as spam, viruses or cyberattacks. The Seller shall take action in order to counteract such risks. The Seller indicates that the public nature of the Internet and the use of services provided by electronic means may result in the Customers’ data being obtained or modified by unauthorised persons; therefore, the Customers should apply appropriate technical measures in order to minimise the above-mentioned risks, such as anti-virus software and programs which protect the identity of the persons using the Internet.
6. The contract for the provision of Electronic Services is concluded through the Store via the Internet. At any moment the Customer may end the use of Electronic Services by leaving the Store or by deleting their account. In such a case, the contract for the provision of Electronic Services shall be terminated automatically and the parties do not need to make any additional declarations.
7. It is impossible to use the Store anonymously or using a nickname.

CHAPTER 3. PERSONAL DATA

1. The Seller shall process the personal data provided by the Customer in accordance with the applicable provisions of law, including the 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, (General Data Protection Regulation) (OJ L 119, 4.5.2016, hereinafter referred to as “GDPR”). In particular:
1) The Seller warrants that the data is:
a) processed in accordance with the provisions of law, accurately and in a manner which is transparent for the Customers and other data subjects;
b) collected for specified, explicit and legitimate purposes and is not further processed in a manner incompatible with those purposes;
c) adequate, relevant and limited to what is necessary for the purposes for which it is processed;
d) correct and updated when necessary;
e) stored in a form which allows for identification of the data subject for a period no longer than is necessary for the purposes for which the data is processed;
f) processed in such a manner so as to ensure appropriate safety of the personal data, including protection against unauthorised or unlawful processing and accidental loss, destruction or damage with the use of appropriate technical or organisational measures,
2) the Seller shall apply appropriate technical and organisational measures in order to ensure that the personal data which is being processed is protected, appropriate to the nature, scope, context and purposes of the processing and the risk of infringement of a natural person’s rights or freedoms;
3) the Seller shall provide access to personal data and enable exercising other rights by the Customers and other data subjects in accordance with the applicable provisions of law.
2. A consent granted by the Customer or any other prerequisite giving authority for processing personal data according to the GDPR constitutes the basis for processing of the personal data.
3. The Seller warrants that data subjects whose data is processed on the basis of applicable provisions of law shall be able to exercise their rights, including:
1) the right to withdraw consent to the processing of personal data;
2) the right to obtain information on their personal data;
3) the right to control the data processing, which includes complementing, updating, rectifying or deleting the personal data;
4) the right to object to the processing or to limit the same;
5) the right to lodge a complaint with the supervisory authority and to use other legal measures in order to protect their rights.
4. A person having access to personal data processes it solely on the basis of an authorisation granted by the Seller or a personal data processing agreement and only at the Seller’s request.
5. The Seller warrants that no personal data shall be disclosed to entities other than those authorised under the relevant provisions of law, unless required by the European Union or Polish law.

CHAPTER 4. ADDITIONAL INFORMATION

§ 1. Account

1. Account registration on the Store’s website is free of charge and requires the following activities: The Customer should fill in the registration form by providing specific data and making statements on accepting the Regulations, processing of the personal data and provision of commercial information. An account-verification link shall be sent to the Customer’s e-mail address indicated in the Account registration process. In order to log in to the Account the Customer has to provide their login and password. The password is confidential and should not be disclosed to anyone.
2. The Account enables the Customer to enter or modify data, place or check Orders and search the Order history.
3. This Account Electronic Service is rendered free of charge for an indefinite period of time.
4. The Customer may renounce the Account in the Store at any time by sending an appropriate request to the Seller via e-mail to: sklep@piaseckidesign.pl or by post to the Seller’s address: ul. Długa 13a Szewce 55-114 Wisznia Mała.

§ 2. Newsletter

1. The purpose of the Newsletter service is to provide the Customer with the ordered information.
2. In order to receive the Newsletter, the Customer does not require to have a registered Account; however, it requires providing an e-mail address and accepting the Regulations, personal data processing and the provision of commercial information.
3. A link confirming the Newsletter subscription shall be sent to the Customer’s e-mail address.
4. This Newsletter Electronic Service is rendered free of charge for an indefinite period of time.
5. The Customer may renounce the Newsletter service at any moment by sending an appropriate request to the Seller via e-mail to: sklep@piaseckidesign.pl or by post to the Seller’s address: ul. Długa 13a Szewce 55-114 Wisznia Mała.

§ 3. Reviews

1. The Sellers allows the Customers to publish personal and subjective statements (reviews, comments) on the Store’s website, particularly comments regarding the Goods.
2. This service is rendered free of charge for an indefinite period of time.
3. It is possible to use this service anonymously.
4. The Seller may make use of the reviews for the purpose of improving the content published on the Website.

CHAPTER 5. SALE

§ 1. Goods

1. All Products offered in the Store are new and free of any defects. A detailed description of the Goods can be found on the Store’s website.
2. A guarantee or after-sales service can be provided for the Goods. A detailed information on this subject can be found in the Goods description.
§ 2. Orders and their implementation
1. An Order can be placed by filling in the Form available in the Store.
2. Orders can be placed both when an Account had been registered and when there is no Account (guest checkout).
3. The Customer is obliged to carefully fill in the Form by providing any and all the data in accordance with the facts and specifying the preferred method of payment and delivery.
4. In the Form the Customer provides data and accepts the Regulations, processing of the personal data and provision of commercial information.
5. Orders can be placed 24/7. Orders placed on Saturdays, Sundays or holidays shall be processed on the next business day.
6. The Customer confirms placing of an Order by clicking on the “Checkout and pay” button (field). The Seller shall send an Order confirmation to the Customer to the indicated e-mail address.
7. The time for Order implementation (that is until the day when the Goods are shipped) is up to 12 weeks.

§ 3. Payments

1. All Goods prices in the Store are gross prices in PLN (VAT included). The price of the Goods does not include the costs specified in item 2 below. The price given at the time when the Order is placed by the Customer shall be binding for both parties.
1. Costs related to the Goods delivery (e.g. transport, delivery, postal services) and any other possible costs shall be borne by the Customer. The amount of these costs may depend on delivery method preferred by the Customer. Information on the costs is provided when the Order is being placed.
2. The Customer can choose one of the following payment methods:
1) bank transfer – payment before shipment (prepayment). Having placed the Order, the Customer should pay the amount due to the Store’s bank account. The Order is implemented when the Store’s bank account is credited with the amount due.
2) payment via the Polskie ePłatności payment system – payment before shipment (prepayment). Having placed the Order, the Customer should pay the amount due via the Polskie ePłatności payment system. The Order is implemented when the amount due is credited in the Polskie ePłatności payment system.
3) payment when collecting the Goods in person (cash or card) – the Customer pays the amount due directly at the time of collection of the Goods in the Seller’s physical store. The Order is implemented after it is accepted.
3. The Store issues a proof of purchase for each Product sold and delivers it to the Customer, if the applicable provisions of law require it.
4. The Customer is obliged to pay within 7 days as of the date when the sales contract was concluded, provided that the chosen method of payment does not specify a different time limit. If the Customer fails to make the payment within this period, according to article 491 § 1 of the Civil Code (Journal of Laws 2017.459, consolidated text, as amended), the Seller shall set an additional deadline for payment; if the time limit lapses without effect, the Seller is entitled to withdraw from the contract. If the Customer declares that the payment is not going to be made, the Seller may withdraw from the contract without setting an additional deadline, even before the lapse of the first one.

§ 4. Delivery

1. The product is sent to the address indicated by the Customer in the Form, unless the parties agree otherwise.
2. The product is delivered by a courier or forwarding company. A parcel shipped by a forwarding company or a courier should be delivered within 5 business days as of the date of Goods shipment.
3. The Customer may collect the Goods in person at the following address: Galeria Wnętrz Domar, ul. Braniborska 14, 53-680 Wrocław.
4. Together with the Goods, the Seller delivers to the Customer all elements of its equipment and operation and maintenance manuals, as well as other documents required by the provisions of applicable law.
5. The Seller declares that:
1) from the moment when the Goods are handed over to the Customer or the carrier, the benefits and encumbrances related to the Goods lie within the Customer; that includes accidental loss or damage to the Goods. If the Goods are sold to a Consumer, the risk of accidental loss or damage to the Goods shall pass to the Consumer from the moment when the Goods are handed over to the Consumer. The handover of the Goods shall be deemed to be the entrusting of the Goods by the Seller to the carrier if the Seller had no influence over the Consumer’s selection of the carrier,
2) when the consignment containing the Goods is accepted by the Customer without reservations, the possibility of claiming shortage or damage during transport shall cease, unless:
a) the damage was documented in a report before the consignment is accepted;
b) such a documented finding was omitted for reasons attributable to the carrier;
c) the shortage or damage resulted from wilful misconduct or gross negligence on the part of the carrier;
d) the damage could not be detected immediately from the outside and an authorised person detected it within 7 days as of the receipt of the consignment, demanding it to be inspected and proving that it took place in the period between the consignment acceptance for transport and its handover.

§ 5. Additional information for the Consumer

1. The contract is not concluded for an indefinite period of time and shall not be renewed automatically.
2. The minimum duration of the Consumer’s obligations under the contract is the period of its implementation, i.e. until the payment is made and the Goods are collected.
3. The use of the Store by the Consumer does not require providing a deposit or other financial warranties.
4. The Seller is not obliged to and does not apply the Code of Best Practice referred to in article 2 item 5 of the Act of August 23, 2007 on Counteracting Unfair Market Practices (Journal of Laws 2017.2070, consolidated text, as amended).

CHAPTER 6. LIABILITY

1. Liability under warranty is excluded as far as legal relations with the Customers are concerned.
1. The Seller shall be liable towards the Consumer if the Goods have a physical or legal defect (warranty) on the principles as specified in the Civil Code provisions (Journal of Laws 2017.459, consolidated text, as amended) and the Act of May 30, 2014 on Consumer Rights (Journal of Laws 2017.683, consolidated text, as amended), if:
1) the physical defect consists in non-compliance of the Goods with the contract. In particular, the Goods are inconsistent with the contract if:
a) the Goods do not have the properties that an article of this kind should have due to the purpose specified in the contract or resulting from the circumstances or its intended use;
b) the Goods do not have the properties, the existence of which the Consumer was assured by the Seller;
c) the Goods do not serve the purpose of which the Consumer was assured by the Seller while concluding the contract, and the Seller had no reservations concerning this purpose;
d) the Goods were not handed over to the Consumer in an incomplete state.
2) the Goods have a legal defect; if the Goods are the property of a third party or if they are encumbered with a third party’s right and if the restriction in the use or disposal of the Goods results from a decision or opinion of a competent authority; if the right is sold, the Seller is also responsible for the existence of the right;
3) the Seller is liable under the warranty for physical defects that existed at the time when the risk was passed to the Consumer or resulted from a cause inherent to the Goods at the time.
4) the Seller is released from liability under the warranty if the Consumer knew about the defect when concluding the contract;
5) if a physical defect is discovered within one year from the date when the Goods were handed over, it shall be presumed that the defect or its cause existed at the time when the risk was passed to the Consumer;
6) if a physical defect is discovered within 2 years from the date when the Goods were handed over to the Consumer, the Seller shall be liable for the defect under warranty; if the Consumer purchases a used movable property, the Seller shall be liable under warranty if the physical defect is discovered within one year from the date when the Goods were handed over to the Consumer;
7) the Consumer’s rights under warranty are as follows:
a) the right to demand reduction of the price of the Goods or to withdraw from the contract, unless the Seller replaces the defective item with an item free from defects or removes the defect immediately and without undue inconvenience for the Consumer;
b) the Consumer may, instead of choosing the defect removal proposed by the Seller, demand replacement of the defective item with a defect-free one or removal of the defect, unless making the Goods compliant with the contract in a manner chosen by the Consumer is impossible or would require excessive costs in comparison with the manner proposed by the Seller. When evaluating the excessive costs, the following should be taken into account: the value of a defect-free item, nature and significance of the discovered defect, as well as the inconvenience to which the Consumer would be exposed if a different manner of resolving the issue was chosen.
8) the Consumer who exercises warranty rights is obliged to deliver (at the Seller’s expense) the defective item to the place specified in the contract and if no place is specified, to the place where the item was handed over to them.

CHAPTER 7. COMPLAINT HANDLING PROCEDURE

1. The Customer should send their complaints (made in writing) to the Seller to the following address: Szewce ul. Długa 13a, 55-114 Wisznia Mała. The Customer may use a complaint template form available in the Store, however, it does not constitute a condition for the complaint to be handled.
2. If it is discovered that the consignment with the Goods is not intact, is diminished or damaged, the Customer should immediately (and no later than within 7 days as of the date of consignment collection) file a complaint with the Seller. This action enables pursuing claims against the carrier. It does not constitute a condition for the Consumer’s complaint to be handled.
3. The complaint should include a detailed description of the problem, the Customer’s demand and photographic documentation (if possible).
4. The Seller undertakes to consider the Customer’s complaint within 30 days and the Consumer’s complaint within 14 days. If the Seller does not respond to the Consumer’s complaint within 14 days, it shall be deemed to be justified.
5. If the complaint is deemed to be justified, the Seller shall take appropriate action.
6. It is possible to use out-of-court procedures of complaint-handling and pursuing claims with regard to legal relations with the Consumers, including:
1) resolving disputes by electronic means through an ODR (online dispute resolution) platform available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL;
2) conciliatory proceedings before a common court or other authorities.

CHAPTER 8 WITHDRAWAL FROM THE CONTRACT

1. The Seller or the Customer may withdraw from the contract on the terms and conditions specified in the provisions of the Civil Code (Journal of Laws 2017.459, consolidated text, as amended).
2. The Consumer has the right to withdraw from the contract within 14 days as of the date when the Goods were collected.
3. Information on the Consumer’s withdrawal from the contract is included in the instruction on the right of withdrawal available on the Store’s website.
4. The Consumer shall not have the right of withdrawal with regard to some of the contracts, that is a contract:
1) on service provision, if the Seller rendered the service in full at the Consumer’s express consent and informed them (before the performance of the service commenced) that after the service is rendered, the Consumer shall lose the right to withdraw from the contract;
2) in which the price or remuneration depends on the financial market fluctuations which cannot be controlled by the Seller and which may occur before the lapse of the time for withdrawal from the contract;
3) in which the Goods comprise a non-prefabricated item, manufactured in accordance with the Consumer’s specification or meeting their individual needs;
4) in which the Goods are subject to rapid deterioration or have a short shelf life;
5) in which the Goods are delivered in sealed packaging and cannot be returned after the packaging is opened due to health protection or hygiene reasons if the packaging was opened after delivery;
6) in which the Goods are components which after delivery, due to their nature, are inseparably connected with other components;
7) in which the Goods are alcoholic beverages, the price of which was agreed at the time of contract conclusion and that may be delivered only after the lapse of 30 days and the value of which depends on market fluctuations that cannot be controlled by the Seller;
8) in which the Consumer expressly requested for the Seller to come to them for urgent repair or maintenance; if the Seller provides some other type of additional service than the service requested by the Consumer or provides items other than the spare parts necessary to perform repair or maintenance, the Consumer shall have the right to withdraw from the contract with regard to additional service or items;
9) in which the Goods are sound or visual recordings or computer programs delivered in a sealed package, if the package has been opened after delivery;
10) on the supply of newspapers, periodicals or magazines, with the exception of a subscription contract;
11) concluded as a result of a public auction;
12) on the provision of services within the scope of accommodation other than for residential purposes, transport of goods, car rental, gastronomy, services related to leisure, entertainment, and sports or cultural events, if a day or period of service provision was specified in the contract;
13) on the supply of digital content that is not recorded on a tangible medium, if the performance of the service commenced at the Consumer’s express consent before the lapse of the time for withdrawal from the contract and the Consumer was informed by the Seller about the loss of right to withdrawal.
5. The Seller shall immediately and no later than within 14 days as of the receipt of the Consumer’s declaration on withdrawal from the contract reimburse the Consumer all payments made by them, including the costs of delivery of the Goods. The Seller shall reimburse the payment using the same payment method used by the Consumer, unless the Consumer expressly agreed to another method of reimbursement which does not create any costs on their part.
6. If the Consumer has chosen a method of delivery other than the cheapest usual method of delivery offered by the Seller, the Seller is not obliged to reimburse the Consumer for any additional costs incurred by them.
7. The Consumer is obliged to return the Goods together with all elements of equipment, including packaging, if it constitutes a significant element of the Goods. The Seller may refrain from returning the payment until they collect the Goods or until they receive a proof of their return, whichever occurs first.
8. The Consumer shall bear only direct costs of returning the Goods, unless the Seller agreed to incur them or failed to inform the Consumer of the necessity to incur these costs.
9. The Consumer shall be responsible for any reduction in the value of the Goods resulting from their use beyond what is necessary to establish the nature of the Goods, their characteristics and operation.
10. In case of effective withdrawal from the contract, the contract is deemed not to have been concluded.

CHAPTER 9. INTELLECTUAL PROPERTY

1. The rights to the Website and its contents belong to the Seller.
2. The address under which the Store is available, as well as the content of the www.piaseckidesign.pl website are subject to copyright and are protected by copyright and intellectual property law.
3. All logotypes, names, graphic designs, films, texts, forms, scripts, source codes, slogans, trademarks, service marks etc. are registered trademarks and belong to the Seller, manufacturer or distributor of the Goods. Downloading, copying, modifying, reproducing, transferring or distributing any content from www.piaseckidesign.pl without the consent of its owner is prohibited.

CHAPTER 10 FINAL PROVISIONS

1. In matters not regulated herein with regard to legal relations with Customers or Consumers, the relevant provisions of applicable law shall apply.
2. Any deviations herefrom shall be made in writing otherwise being null and void.
3. The court competent to settle any disputes between the Seller and the Customer shall be the competent court having jurisdiction over the seat of the Seller. The court competent to settle any disputes between the Seller and the Consumer shall be the court competent according to general principles (court having jurisdiction over the defendant’s place of residence) or any other court as convenient for the Consumer (according to article 31-37 of the Code of Civil Procedure).